Unveiling Fairness for the Consumer:The Law, Economics and Justice of Expanded Arbitration

In recent years, the US Supreme Court has rather controversially extended the ambit of the Federal Arbitration Act to extend arbitration’s reach into, inter alia¸ consumer matters, with the consequence that consumers are often (and unbeknownst to them) denied remedies which would otherwise be available. Such denied remedies include recourse to class action proceedings, effective denial of punitive damages, access to discovery and the ability to resolve the matter in a convenient forum.

The court’s extension of arbitration’s ambit is controversial. Attempts to overturn this extension have been made in Congress, but to no avail. In contrast to American law, European consumer law looks at pre-dispute agreements to arbitrate directed at consumers with extreme suspicion, and does so on the grounds of fairness. In contrast, some argue that pre-dispute agreements in consumer (and employment) matters are consumer welfare enhancing: they decrease the costs of doing business, which is then passed on to the consumer. This Article examines these latter claims from both an economic and normative perspective.

The economic analysis of these arguments shows that their assumptions do not hold. Rather than being productive of consumer surplus, the use of arbitration is likely to have the opposite effect. The industries from which the recent Supreme Court cases originated not only do not exhibit the industrial structure assumed by the proponents of expanded arbitration, but are also industries which exhibit features that facilitate consumer welfare reducing collusion.

The normative analysis addresses the fairness concerns. It is explicitly based upon John Rawls’ notion of “justice as fairness,” which can provide a lens to evaluate social institutions. This Rawlsian analysis considers the use of extended arbitration in consumer matters in the light of the earlier economic results. It suggests that the asymmetries present in the contractual allocation of rights serve as prima facie evidence that such arbitration–induced exclusions are prima facie unjust/unfair. However, as asymmetry is only a prima facie test, a generalized criticism of the arbitration exclusions (of the sort found in Congress and underlying the European regime) is overbroad.

An analysis of International NGOs design decision making for housing reconstruction in developing country contexts

The purpose of this paper is to explore the current design decision making process of selected foreign international non governmental organisations (INGO’s) operating in the field of housing and post disaster housing design and delivery in developing countries. The study forms part of a wider on-going study relation to a decision making in relation to affordable and sustainable housing in developing
countries. The paper highlights the main challenges and opportunities in relation to the design and delivery of low cost sustainable housing in developing countries as identified in current literature on the subject. Interviews and case studies with INGO’s highlight any specific challenges faced by foreign INGO’s operating in a developing country. The preliminary results of this research study provide a concise insight into the design decision making process of leading foreign INGO’s operating in developing countries and will be beneficial to policy makers, NGOs, government bodies and community organisations in practice as it offers unique evidence based insights into international bodies housing design decision making process.

A comparison of tests of non-linear cointegration with an application to the predictability of US interest rates using the term structure

We test whether there are nonlinearities in the response of short- and long-term interest rates to the spread in interest rates, and assess the out-of-sample predictability of interest rates using linear and nonlinear models. We find strong evidence of nonlinearities in the response of interest rates to the spread. Nonlinearities are shown to result in more accurate short-horizon forecasts, especially of the spread.

Multiyear predictability of tropical marine productivity

Phytoplankton is at the base of the marine food web. Its carbon fixation, the net primary productivity (NPP), sustains most living marine resources. In regions like the tropical Pacific (30°N–30°S), natural fluctuations of NPP have large impacts on marine ecosystems including fisheries. The capacity to predict these natural variations would provide an important asset to science-based management approaches but remains unexplored yet. In this paper, we demonstrate that natural variations of NPP in the tropical Pacific can be forecasted several years in advance beyond the physical environment, whereas those of sea surface temperature are limited to 1 y. These results open previously unidentified perspectives for the future development of science-based management techniques of marine ecosystems based on multiyear forecasts of NPP.

Revisiting privatization, foreign investment, international arbitration, and water

Includes bibliography

Cephalometric evaluation of the predictability of bimaxillary surgical-orthodontic treatment outcomes in long face pattern patients: a retrospective study

OBJECTIVE: The aim of this study was to compare by means of McNamara as well as Legan and Burstone's cephalometric analyses, both manual and digitized (by Dentofacial Planner Plus and Dolphin Image software) prediction tracings to post-surgical results. METHODS: Pre and post-surgical teleradiographs (6 months) of 25 long face patients subjected to combined orthognathic surgery were selected. Manual and computerized prediction tracings of each patient were performed and cephalometrically compared to post-surgical outcomes. This protocol was repeated in order to evaluate the method error and statistical evaluation was conducted by means of analysis of variance and Tukey's test. RESULTS: A higher frequency of cephalometric variables, which were not statistically different from the actual post-surgical results for the manual method, was observed. It was followed by DFPlus and Dolphin software; in which similar cephalometric values for most variables were observed. CONCLUSION: It was concluded that the manual method seemed more reliable, although the predictability of the evaluated methods (computerized and manual) proved to be reasonably satisfactory and similar.

Predictability of surgical techniques used for coverage of multiple adjacent gingival recessions--A systematic review

Predictable coverage of multiple adjacent gingival recessions (MAGRs) is a major challenge for clinicians. Although several surgical techniques have been proposed to treat MAGR, it is still unclear as to what extent the proposed approaches may lead to predictable root coverage. The aim of this article is to identify the predictability of the available surgical techniques used to achieve complete root coverage (CRC) of Miller Class I, II, and III MAGRs.

Multiyear predictability of tropical marine productivity

With the emergence of decadal predictability simulations, research toward forecasting variations of the climate system now covers a large range of timescales. However, assessment of the capacity to predict natural variations of relevant biogeochemical variables like carbon fluxes, pH, or marine primary productivity remains unexplored. Among these, the net primary productivity (NPP) is of particular relevance in a forecasting perspective. Indeed, in regions like the tropical Pacific (30°N–30°S), NPP exhibits natural fluctuations at interannual to decadal timescales that have large impacts on marine ecosystems and fisheries. Here, we investigate predictions of NPP variations over the last decades (i.e., from 1997 to 2011) with an Earth system model within the tropical Pacific. Results suggest a predictive skill for NPP of 3 y, which is higher than that of sea surface temperature (1 y). We attribute the higher predictability of NPP to the poleward advection of nutrient anomalies (nitrate and iron), which sustain fluctuations in phytoplankton productivity over several years. These results open previously unidentified perspectives to the development of science-based management approaches to marine resources relying on integrated physical-biogeochemical forecasting systems.

Overview of international research in generic competence assessment

The competency assessment is a key issue for improving the quality of teaching and learning within the current European Higher Education Area (EHEA). The aim of this paper is to review the current research on assessment of generic competences, especially through online tools. It has conducted a search of the Web of Knowledge (Thomson Reuters) from keywords. It have been reviewed the abstracts and the results have been classified by time periods, countries and research area. It has selected a set of articles of the period 2010?2012, in which we have analyzed future trends. It is concluded that the research of assessment generic competences is been developing nowadays in educational area, although is still more important in the professional one. Additionally, it is surprising that appears most often used in preuniversity education levels. The academic context has increased research activities over the past five years, with different developments in the Anglo?Saxon countries over that those countries attached to the Bologna Process. The latest reports indicate that the learning competences must meet the individual reality of each person, so that the use of ICTs in their development and evaluation are essential given its immediacy and motivational ability. There is a clear trend towards an evaluation model that includes a 360º specific and generic competences analysis.

Judicial settlement of international disputes.

Includes 2d ed. of no. 1 and supplements for no. 2 and 9.

Documents présentés au comité et relatifs a des projets déjà existants pour l'établissement d'une Cour permanente de justice internationale ... Documents presented to the committee relating to existing plans for the establishment of a permanent court of international justice.

Mode of access: Internet.

The settlement of international controversies by pacific means; an address ... delivered before the World Alliance for International Friendship at New York city, November 11, 1928.

Mode of access: Internet.