Vanderbilt Law Review

Vanderbilt Law Review is a magazine focusing on Law

Articles from Vol. 51, No. 3, April

Compulsory Arbitration Agreements in Employment Contracts from Gardner-Denver to Austin: The Legal Uncertainty and Why Employers Should Choose Not to Use Preemployment Arbitration Agreements
I. INTRODUCTION In Gilmer v. Interstate//Johnson Lane Corp. the Supreme Court enforced a mandatory arbitration clause in a securities registration application and barred the employee from seeking relief in federal court for his Age Discrimination in...
Coping with "Loss": A Re-Examination of Sentencing Federal Economic Crimes under the Guidelines
I. INTRODUCTION The primary determinant of sentence length for federal economic criminals is the amount of "loss" resulting from an offender's conduct.' The idea of basing sentences for economic crimes primarily on "loss" has become the source of ongoing,...
Current Issues in Arbitration: Introduction
"[A]n incompetent attorney can delay a case for years, while a competent attorney can delay it for even longer."1 This oft-repeated joke illustrates the public perception of the delays and expense that accompany courtroom litigation. Indeed, growing...
Equitable Estoppel and the Outer Boundaries of Federal Arbitration Law: The Alabama Supreme Court's Retrenchment of an Expansive Federal Policy Favoring Arbitration
I. INTRODUCTION A consumer purchases a manufactured home from a commercial vendor.l As part of the commercial transaction, the consumer and vendor execute a sales agreement containing the following arbitration clause: "All disputes, claims, or controversies...
Qualified Immunity: Ignorance Excused
"A plea of ignorance or mistake of law is rarely encountered in prosecutions for serious crimes .... [No sane defendant has pleaded ignorance that the law forbids killing a human being or forced intercourse or taking another's property or burning another...
Restrictions on Forum-Selection Clauses in Franchise Agreements and the Federal Arbitration Act: Is State Law Preempted?
I. INTRODUCTION The use of forum-selection clauses in contracts continues to increase. Emboldened by the Supreme Court's endorsement of forumselection clauses,1 large companies now frequently use these clauses in a variety of contracts. Contracting parties...