At Huffpost Business, Brian Hughes explains
Why Legal Firms Are Racing to Adopt Content Marketing
.
Friday, February 05, 2016
Legal Rights, Consumers, Courts of Law and Forced Arbitration in the Focus of a Newly Introduced Bill in Congress
Arbitration can be an excellent dispute settlement option if parties agree after the arising of a dispute to opt for that solution.
The 1925 Federal Arbitration Act, however, has more or less been interpreted by U.S. Supreme Court decisions to bind contracting parties to arbitration if their contract contains a binding arbitration clause -- thus closing off suits in courts of law. This "forced" arbitration is spreading in consumer contracts.
Many contracts contain such a clause in the fine print, and there is no arms-length bargaining about it in most cases. Parties are thus stuck to arbitration, even if they do not want to waive a process in a court of law after a dispute has actually arisen subsequent to the signing of the contract.
Chris Morran has the story at the Consumerist in Bill Aims To Restore Consumers’ Legal Rights Stripped Away By Supreme Court Rulings – Consumerist , writing:
The 1925 Federal Arbitration Act, however, has more or less been interpreted by U.S. Supreme Court decisions to bind contracting parties to arbitration if their contract contains a binding arbitration clause -- thus closing off suits in courts of law. This "forced" arbitration is spreading in consumer contracts.
Many contracts contain such a clause in the fine print, and there is no arms-length bargaining about it in most cases. Parties are thus stuck to arbitration, even if they do not want to waive a process in a court of law after a dispute has actually arisen subsequent to the signing of the contract.
Chris Morran has the story at the Consumerist in Bill Aims To Restore Consumers’ Legal Rights Stripped Away By Supreme Court Rulings – Consumerist , writing:
" Today [February 4, 2016] , Sen. Patrick Leahy from Vermont and Sen. Al Franken from Minnesota announced the Restoring Statutory Rights Act [PDF], states that the 1925 Federal Arbitration Act “did not, and should not have been interpreted to, supplant or nullify the legislatively created rights and remedies which Congress… has granted to the people of the United States for resolving disputes in State and Federal courts.” "Read the full story here .
Tuesday, January 26, 2016
Who Owns the Law? EFF and Public Resource in Intellectual Property Copyright Battle Over Privately Developed Standards Incorporated In Laws
Mitch Stoltz at the Electronic Frontier Foundation (EFF) in No One Owns The Law. Everyone Owns The Law
reports on the rather strange case of copyright suits by private standards development organizations (SDOs) against Public.Resource.Org
for publishing privately developed standards that have been incorporated into laws.
Who owns the law? It is of course quite clear that Public.Resource.Org must emerge victorious and that the intellectual property trolls, no matter what their private standing in terms of standards development, must lose. Laws ultimately made belong to the people, ALL the people.
We might add that if actual copyright issues existed, then private standards organizations would have to sue the lawmakers for copyright infringement -- which would be a daunting -- and hopeless -- task.
If a standard is incorporated into a law,
it becomes public domain.
That should be the end of story.
However, given the many well-meaning but often misled judges out there, even at the highest levels of the judiciary, we will have to await their decision and the running of the appeals process, if required.
After all, if this case were in the hands of the Federal Circuit, for whom nearly everything appears to be a legitimate golden goose for greedy private interests, especially in patent law, Public.Resource.Org would surely lose.
Who owns the law? It is of course quite clear that Public.Resource.Org must emerge victorious and that the intellectual property trolls, no matter what their private standing in terms of standards development, must lose. Laws ultimately made belong to the people, ALL the people.
We might add that if actual copyright issues existed, then private standards organizations would have to sue the lawmakers for copyright infringement -- which would be a daunting -- and hopeless -- task.
If a standard is incorporated into a law,
it becomes public domain.
That should be the end of story.
However, given the many well-meaning but often misled judges out there, even at the highest levels of the judiciary, we will have to await their decision and the running of the appeals process, if required.
After all, if this case were in the hands of the Federal Circuit, for whom nearly everything appears to be a legitimate golden goose for greedy private interests, especially in patent law, Public.Resource.Org would surely lose.
Subscribe to: Posts (Atom)
°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°
Native American Rock Art Petroglyphs Pictographs
Deciphered as Land Survey & Astronomy by Andis Kaulins
paperbacks in color print
Volume 1, 2nd Edition, 266 pages
ISBN: 1517396816 / 9781517396817
Volume 2, 2nd Edition, 262 pages
ISBN: 1517396832 / 9781517396831
Sky Earth Native America Volume 1
Sky Earth Native America Volume 2
by Andis Kaulins J.D. Stanford by Andis Kaulins J.D. Stanford
(front cover(s))
(back cover with a photograph of the author and book absract text)
