Contract and jurisdiction

Article Abstract:

The US Supreme Court's 1994 and 1995 commercial arbitration cases are evidence of the Court's departure from legislative intent in distinguishing informal dispute resolution mechanisms and court proceedings designed to vindicate legal rights. The Court has expanded the enforceability of forum selection, choice-of-law and other clauses that would have been disregarded in the past as adhesion contracts. The Court's willingness to allow federal arbitration law to preempt state law and control commercial transactions poses a great threat to commercial laws designed to protect the public.

Interpretation and construction, Commercial arbitration, Commercial arbitration agreements, Standardized terms of contract, states

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Hands off! Civil court involvement in conflicts over religious property

Article Abstract:

Disputes over ownership of church property often arise when a religious group splits into rival sects, each claiming the property. Civil courts can settle these disputes while remaining true to the policy of noninvolvement in church affairs. The Supreme Court has approved of two approaches to applying this policy: the "polity-deference" approach, based on the how the particular church is organized, and the more constitutionally acceptable "neutral principles" approach, based on purely secular considerations.

Beliefs, opinions and attitudes, Church and state, Church property

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Virtual civil litigation: a visit to John Bunyan's celestial city

Article Abstract:

Technological changes may drastically alter civil procedure and the role of litigating attorneys. Civil procedure has historically been the focus of repeated reform for the purposes of cost and delay reduction. Virtual technology and other technologies could serve those purposes by allowing for advances in data production, analysis, and presentation, and in eliminating the need for actual physical appearances. Virtual litigation may have the added benefit of reducing frivolous claims or recoveries.

Usage, Forecasts and trends, Influence, Technological innovations, Civil procedure, Virtual computer systems, Virtual machines

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