- Títulos relacionados
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- SAGE Reference - The SAGE Handbook of Social Anthropology
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In this context, the proposed idea is to develop a robot with a special leg design, suitable for movement over rough and rugged terrains. Additionally, through a camera and RF module, the surroundings can be recorded and transmitted to the user. Along with the support of GSM and GPS module fitted with the robot, the exact location can be easily tracked from remote places. The hardware setup have been developed for this model using economically viable materials for robot body and the movement controls are achieved using Arduino Programming.
The results obtained shows that this arrangement will be helpful for military people in virtually monitoring a location and take appropriate decisions. The distinct feature of this robot also makes it suitable for applications like wild animal census, rescue operations during calamities. Keywords: Robot, rough terrain, image recording, virtual monitoring. SAPS usually has a power generation sources like photovoltaic panels, micro-wind turbines, battery bank, inverter, battery charger and often a diesel generator for power back.
Solar or wind has erratic outputs, so frequent changes in power cannot be tolerated by sensitive loads. Hence, Battery banks play a significant role by storing charges directly from renewable energy sources through charge controllers and then delivers inverter for residential uses.
SAPS are deliberated to be expensive because of the cost associated with battery banks and renewable energy sources; concurrently reducing the cost and increasing the power quality of inverter is approachable. This paper proposes the importance of multilevel inverter MLI by reducing the number of semiconductor switches which inevitably decreases the cost of MLI circuitry and diminishes the harmonics by increasing the level of output.
Abstract: The aspect of the locomotive trade is being restructured by concerns over oil deliveries, international guidelines and fuel rates. Consequently the vehicle technology should be adaptive to these concerns. The projected paper describes solar PV powered Electric Vehicle,that solves the key downside of fuel and pollution.
It is an initiative in implementing eco-friendly transportation in the world to build a green environment. In general, an electric vehicle uses a battery that is charged from an external power supply, but solar PV modules are used to charge a battery by means of absorbing radiation from the sun and converting it into electrical power Photovoltaic Effect by proposed method.
The electrical power to batteries obtained from solar PV modules which might be associated either in series or parallel and charge controllers. The Buck-Boost converter boost up the DC voltage generated from the solar PV panel and then its output fed to a voltage source inverter. Voltage source inverter convert to the AC power from a solar DC power and ultimately tracks the Brushless DC motor which controls the vehicle application. This planned model has Buck-Boost convertor which is used to control the battery from the prime possible power generation using a solar PV system fixed on the vehicle.
Abstract: In recent times, the use of standalone systems with renewable sources to meet individual energy demand is more encouraged by the government due to the following reasons: 1. Green Energy 2. Abundant 3. Fossil fuel depletion and Co2 emission. A new hybrid converter which can simultaneously provide buck, boost and inverted outputs from a single DC source for residential application is introduced in this paper. The proposed converter is a combination of two leg voltage source inverter VSI bridge network and a buck circuit, which replaces the switch S of a conventional boost converter.
The reliability and number of switches employed compares favorably with alternate methods. Abstract: Nowadays underground cables are used over than overhead lines in urban areas. Locating the fault in the underground UG cable is tedious and there is a probability of damaging the insulation while digging the cable. This paper aims at estimating the location of fault distance and intimating the personal through SMS short message service.
Also, the countryis fifth largest egg producer in the world. This highlights the need for effective poultry industry, which can produce quality breeds to meet the industrial challenges. To increase the quality and reliability of this field, smart and economical way of automizing maximum human operations is required along with creation of database for future reference.
In the poultry setup, the common challenges faced are emission of ammonia gas due to decomposition of uric acid of chickens. Also, maintenance of optimal temperature is necessary for the egg production. This paper provides a smart solution to automatically keep the ammonia gas content and temperature level of the area in control. Additionally, providing food to the breeds can be done on a timely basis without manual intervention. These can be achieved using cloud computing technique and with an exclusive web and app support, data can be logged.
Hardware has been designed for this idea and the results obtained found to be satisfactory. Abstract: The wireless mobile communication network connects the entire world. People need it to be omnipotent. This network has developed through a series of evolution. This article provides a high level review on evolution of this new technology and next-generation mobile broadband with worldwide interoperability. Abstract: This paper aims at efficient energy saving method for street lights and also to provide the security for human during emergency situations.
The street lights are automated with brightness control based on the illumination intensity, tracking of vehicle or human movement. Also, the theft indicator for solar panel, batteries and security camera is provided with finger scanners based security systems. It supports to call emergency services such as ambulance, fire and police during the emergency situations.
Hence the overall security for the streetlights as well as the humans can be achieved intelligently. Keywords: Energy conservation, emergency alert, street- light, PWM, fault detection, security. The speed of the single phase induction motor is sensed by the controller and the controller is being fed from the solar panel. The necessity of Maximum power point tracking MPPT algorithm is increased in all photovoltaic PV system in order to achieve more efficiency of the system. The Incremental Conductance algorithm is used to extract maximum power from the solar panel which intern supplies an induction motor of 1HP.
The main advantage of this converter is having non-inverted output. Abstract: In present scenario the uses of mobile phones are increasing, the people attend the phone even while driving without their knowledge, this cause distraction and leads to accident.
This project detects and avoids the usage of mobile phones automatically while riding two wheelers and in case of any accident occurs GSM module fixed in the bike communicates to the concerned mobile number which is stored. When the key is inserted the bike starts only after verification of the user through message reply. If the reply is not received from the owner the bike is not allowed to start without password. The LCD display is used to indicate the incoming call list. The vibration sensor fixed in the bike is used to sense the vibration if any accident occurs based on defined conditions.
The GSM module sends a message with the location indicated by the GPS of accident spot to the specified mobile number. By rejecting incoming calls this system prevents from accidents while riding bike. The bike is secured by the password. In case any accident occurs, this system reduces the manual process and avoids delay. The location tracking of accident spot is very fast. Abstract: Implementation of control algorithms for a highly non linear system is often complicated due to variations in process dynamics.
A comparison is made between fuzzy logic controller and adaptive fuzzy PID controller. Abstract: A computer vision based toll booth credit system is proposed using vehicle object tracking detection and Number text recognition identification. Set of vehicles database loadedin a predetermine network and support vector machine SVM classifier identify the vehicle. The proposed scheme shows the excellent automatic credit system than any-other existing scheme. Abstract: In the current medical field, the many methods used to analyze the bio fluids for biomarkers are blood, urine, saliva and sweat.
Blood testing by sampling is to be done frequently for analysis from patients rendering them prone to higher chances of infection and storage for the procedure also proves difficult. Investigations into biomarkers contained in Sweat have so far been limited. Compare to blood, most of the drugs are accumulated in sweat. It is noteworthy that certain biomarkers like nitrogenous compounds, metal and non-metal ions, metabolites and xenobiotics are found in sweat in such the amount approximately equal to other biofluids.
In this paper, the sweat collection and its analysis for determining biomarkers are proposed. Additionally, comparison of biomarkers in blood and sweat had done and tried to prove that sweat is noninvasive, cost effective and accurate analysis compared to blood. Keywords: biomarker; spectrophotometer,atomic emission spectrophotometer,heavy metals. Abstract: Agricultural Runoff is a serious concern of fertilizers used in agriculture: Chemical fertilizer usually contains chemicals which are not easily biodegradable and those chemicals leech in to the soil and run in to the ponds, canals, rivers and sea with rain water which pollutes our environment and leads to serious consequences.
The nitrogen and other chemical present in chemical fertilizers can contaminate the ground water. To avoid the negative effect of the chemical fertilizer these days people prefer using organic fertilizer in their farms. Chemical fertilizers have many negative effects for our health and environment.
It makes the plant to grow well but not actually healthy; almost all essential natural resources from air, soil, and water has been polluted in the big city. Among the types of pollution, the worst pollution is water pollution through chemical fertilizers or inorganic fertilizer. From the above details, it is noted that Chemical fertilizers and pesticides acts as a slow poison for the future generation. To make the living environment healthier, Organic fertilizer Ancient organic farming method - Panchagavya is the best choice.
This paper introduces the smart way of organic fertilizer production and utilization thereby makes the process simpler and cost effective accessibility of benefits by each and every farmers. Abstract: Steganography is a technique to be used for hiding communication. It embeds secret data in to unexceptional cover medium. Reversible data hiding RDH significantly considered as data hiding algorithm. From this, anyone can inbuilt the data into audio signal, image or video. Commonly two methods are available to hide the data on the image one is for reserving room after encryption and reserving room before encryption.
This paper describes about reserving room before encryption to reduce the errors, which are possible in decryption phase. Subsequently it embed the data into gray scale image by bit plane processing algorithm and also embed data into color image by using histogram modification technique and shifting. If in the case of color image, image is splits into three channels such as red, green and blue. Then each channel image separated into three rows and three columns matrices. The matrices are individually processed in such a way that the matrix transformed to a row vector.
The difference between pixel values of the particular channel establish and using histogram modification binary bits carrying secret message to embedded on the color image. Normally histogram modification is done to avoid underflow and overflow problems.
Major the important issue in this process is compression employed on the image may affect the data hidden. To avoid this, the reserving room before encryption is employed and lossless compression technique is engaged on region of interest where data is hidden and lossy compression is applied to other portions in the image. Abstract: Packaging is very important process in many pharmaceutical, food and manufacturing industries. For packaging most of the industries prefers plastic bottles, tins, glass bottles and plastic covers.
To ensure this handful of techniques are being implemented in the industry. Among them, most common technique is bubble testing method. This method has a drawback of rusting with time and high initial cost. Presence of water in the can may affect the quality of the final product in the can. To overcome these drawbacks PLC and photo resistive effect based system have proposed and developed.
This proposed system is classified into transport unit, testing unit and control unit. The transporting unit is a conveyor belt arrangement, testing unit comprises of photo resistive effect based system and control unit to monitor and control overall operation of the system. The control unit rejects damaged cans from the conveyor by monitoring. This system has been developed at low cost and with faster response rate. Abstract: The escalating pressure to defeat the drawbacks of conventional MOSFET such as physical limitations due to its short channel effects has inspired the production of a number of superior materials and device goemetries.
While a lot of of these modernizations aims only on building up high-performance devices, the making of a roadmap to forecast in-circuit performance combined with large scale integration for these technologies is highly desirable. In this paper we have incorporated Junction less gate all around TFET thus leading to ease of fabrication because of absence of doping concentration gradients for specific regions.
In addition low power consumption is obtainable by TFETs as they are less prone to second order effects. The basic inverter circuit has been designed using the device and their performance is examined. Abstract: Analog to Digital converters ADC are used in medical instruments that serves as an essential part as the interface between analog and digital signal processing system. Low power design is needed for large battery life. ADCs are chosen by considering resolution, power, size, frequency, performance and so on.
Here the SAE consists of three layers which is stacked together and its parameters are varied in such a way that the constructed SAE out performs achieving time and accuracy tradeoff. The SAE model improves the accuracy of the image classifier in both binary and color image dataset with the reduced time. Abstract: Smart City is the one which uses Information and Communication Technologies to make the critical infrastructure components and services of city administration, education, healthcare, public safety, real estate, transportation and utilities more aware, interactive and efficient.
After validating test the network with various wireless signals simulated for widely used wireless connectivity standards and application by evaluation of QoS parameters. Abstract: This paper describes about the work done in design and development of low cost fleet tracking and management for improved productivity and security features. The system is divided into three major parts such as fleet tracking, fleet management and security. The problem of identifying good driver who ride the vehicle with maximum fuel consumption and security is really a hard thing for the big management.
This problem is solved by the devised model. Fleet tracking is based upon the inbuilt GPS which gives accurate position of the location of the vehicle, security is made by two components such as OTP based vehicle unlocking and prevention of unlocking when the driver seems to be drunken. All the On-board sensor datais collected and send through the remote server through Wi-Fi Protocol. The gained information is breaking down and handled and send back to the proprietor of the vehicle through SMS and online administrations.
The created framework is verified by the functionality with developed prototype. Abstract: In this fast moving world, people are in a real haste to move to their desired destination at no time. This makes them to drive the vehicles fast and many times it results in road accidents and invaluable life loss. These road accidents are due to traffic signal violation, rash driving of vehicles. In order to avoid such road accidents, we have proposed an Embedded based Vehicle Motion Control system.
This enables the vehicles to be run at controlled speeds depending upon the nature of the area the vehicle crosses. Also, drunken driving is strictly prohibited. This adds safety to the drivers and also to the public people. The RF transmitter unit will be found along with the traffic signals and also in school, hospital, temple zones, etc.
The RF receiver unit will be found in the vehicles. RF transmitters transmit signals which will be processed by the microcontroller unit enclosed with the receiver unit and it controls the speed of the vehicles when they reach the respective zones. The project aims at building an integrated module for improving the efficiency of the present agricultural modules.
The proposed module consists of a series of array of sensors such as ambient temperature, moisture, air quality and the pH sensor to measure the pH of the soil and environmental condition. All this data are sampled at regular interval of time, formatted and send to the cloud for backend works such as comparing it with the stored data and predicting the type of crop that can be grown in the particular land and these data will be saved in the cloud so that during disaster time, it will be helpful for the government and insurance agents for speedy approval of insurance claim.
The developed model would considerably reduce the need for experts to visit the place and to perform manual testing during the disaster. Abstract: Metalized fabric substances have a large capacity in the various scope of applications which include electromagnetic field defensive, infrared radiation safety, obtaining fabric substances with antistatic, antibacterial, electrically conductive, radio soaking up, heat reflective and other unique houses. The aim of our project work is to develop a metallized textile through Electro less Nickel Plating Technique and to optimize the process parameters to get high nickel deposition on spun bond polypropylene nonwoven fabric through Box and Behnken method.
The SEM analysis reveal that uniform coating and existence of nickel on the surface of the substrate produced from the above optimum conditions. The concert of nickel-finished nonwoven fabric spun bond polypropylene become determined to be depending on the quantity of nickel debris adhered on the material substrate. The optimized spun bond polypropylene nickel-plated nonwoven fabric was greater in their thermal properties and color fastness to light and washing.
However, there was a decrease in rubbing fastness. Keywords: nickel plating, nonwoven, fabric, polypropylene, textile. In this study, presence of bacteria in the used helmet swabs under aerobic bacterial culture method has been analysed and determined that two bacterium namely staphylococcus aureus and klebsiella pneumonia were present in it. As nano silver is widely know for its antibacterial activity, used it in our study for applying antibacterial finish on polyester fabrics through pad dry cure technique.
The treated samples unwashed show a very good zone of Bacteriostatics against identified bacteria. The washed sample possesses antibacterial activity upto 20 washing cycle, which depicts clearly that the acrylic binder used for finishing retains the antibacterial activity of the agent. In Booth multiplier multiplication process is done by both encoding and decoding. In both modified Baugh-Wooley and modified Booth recoded multiplier the critical path delay has been reduced by using HPM tree concept and the speed is enhanced.
Here the design of 8-bit Modified Baugh-Wooley multiplier and Booth multiplier has been designed and implemented byconventional method and also using High-Performance Multiplier Reduction tree HPM method. The results are evaluated and synthesized using Xilinx ISE Abstract: Human beings have generally acted the role of the pioneer species in this planet, focusing only on their survival through the destruction of all their competitors and thereby achieving effective dominance over other life forms.
As a result of this anthropocentric arrogance, resource depletion and species extinction have gone beyond bounds and the planet today exists in a sickly state. Moving beyond that, Merwin, in anger and desperation, reacts vehemently to this self-centered nature of man through his poems. He constantly addresses the various forms of interferences that human beings make into the naturally existing ecological systems—methodical deforestation, hunting for pleasure, hunting for profit, extensive fishing, domesticating animals, inappropriate technological advancement, urbanization and so on.
Merwin directly accuses man for being the root cause for the shrinking of natural resources and pushing various plant and animal species to the verge of extinction. Keywords: W. Merwin, ecocriticism, ecopoetry, nature writing, depletion, extinction. Abstract: Literature is an creative twist of expression of he paramount that is known of the world. The study deals with the process of teaching English language through creative writing through Literature.
The purpose of the study focuses on how English language could be taught through creative writing through Literature. Language acquisition by itself is a self involved stactivity based on interests of the students. It is evident that students are imbibed with multiple intelligence and language learning becomes easy when it is focused on theminds creativity. The methodology used is the Direct Method of teaching, as the native speaker finds it difficult inlearning the target language-English. Therefore a study based on use of Literature and creative writing is used for better research prospective.
Abstract: Current problem in developing countries is flood which is more dangerous and harmful to human beings. When flood occurs transmitter unit detects flood levels such as safe, medium and risk. In medium and risk situation different alert siren signals. Warning communities of the incoming flood provides an effective solution to this by giving people sufficient time to evacuate and protect themselves and their property.
The cost of the project is very low and effective method for real time applications. Abstract: This data-driven project is systematically contributing on enhancing the conflict-violence or disaster-related displacement within an internationally recognized state border, namely internal displacement. With the availability of a training set with pre-defined categories, the project tackles document classification and information retrieval applications through supervised machine learning. This research can be divided into three core objectives.
Firstly to eradicate non-relevant documents by filtrating documents not in English and not providing information on human mobility related to internal displacement. Thirdly, to extract vital displacement information reported in online sources, such as location, displacement figures, etc. By evaluating the provided dataset, the results were good with a result of Abstract: Information technology has become the core of the current development in the 21st century. Beyond the digital era, the development and usage of electronic reading materials have evolved along with the current country development in terms of information technology and communication.
The online magazine published by Media Glam Sdn. Today, the usage of the e-magazine is an innovative way of seemly with current generation reading style in gaining information. This phenomenon becomes more vibrant with the development achieved in computer technology, internet and multimedia advancements. This research main purpose is to present the new conceptual framework for the digital publishing and the development of the e-magazine industry through Media Glam portal.
It outline underpinning conceptual framework, review key literature and identify challenges and issues involved in balancing main elements in the process of e-magazines development and publication. Therefore, it is hoped that this study has presented some insights and directions for future research about e-magazine industry in Malaysia. Keywords: New media, electronic publishing, e-magazine, digital. Abstract: The aim of this study is to investigate the relationship of individual beliefs, arousal, and usage of online knowledge sharing technology. To do so, the study integrated technology acceptance model with hedonic consumption model as the theoretical model for understanding the acceptance and usage of online knowledge sharing technology.
The study aimed at contributing to the insufficient research on arousal as an element of emotion that may influence the usage of online knowledge sharing technology to support knowledge sharing. The study was empirically evaluated using quantitative data from a sample of academics from five research universities.
Relevant information was collected through online survey submitted to all the chosen academics from the five research universities. The result indicates that individual beliefs perceived usefulness and perceive ease of use and arousal are predictors of usage of online knowledge sharing technology.
The finding of the study contributes both to the academic research, by making available to scholars on the empirical evidence on the element of arousal as an additional determinant in the TAM model that influences the usage of online knowledge sharing technology. Abstract: High unemployment rate has continued to be a great concern worldwide, especially in developing countries. Tan zania is facing high unemployment rate while encountering slow economic growth due to low rate of entrants in entrepreneurship.
Finding the solution to such main problem within the country, the government opted to encourage graduates to be involved in entrepreneurship by providing entrepreneurial education during their high education level and financial and non-financial resources to individuals that are starting small and medium sized businesses. In this paper, there is further discussion as to some general reasons that discourage or prevent graduates to be involved in entrepreneurship. Furthermore, in aligning to educated individual that need to be encouraged into entrepreneurship, related theories Balanced Scorecard and Life Cycle theory have been included.
The two theories can be used to examine why graduates are lacking in the involvement in entrepreneurship, since the balanced scorecard consist of elements that are needed for a business to perform better, whereas those elements have to perform well in life cycle stages for a business to achieve the growth stage and perceived as a successful business. Keywords: Entrepreneurship, graduates, small and medium sized businesses. Abstract: FinTechs Financial Technology Firms are affecting the financial industry, especially that there are many customers moving away from traditional banks and going to FinTech solutions to fulfil their financial needs.
For instance, Peer-to-Business P2B financing platforms are one of FinTech solutions which has been growing rapidly in the past few years making many governments setting regulations to cater this trend. Bahrain is one of the countries that has issued number of regulations for FinTech activities including for Shariah Compliant P2B financing platforms.
These types of platforms shall provide Islamic financing solutions for SMEs. However, as a new financial solution in the market it is expected to face some challenges in term SMEs adoption. Therefore, this research aims at building a conceptual framework for the strategic framework for FinTechs in Bahrain. The framework variables will be examined through mixed research method approach covering case study, semi-structured interviews, and an online survey. The research outcome shall be a strategic framework for FinTechs in Bahrain to ensure the adoption of SMEs to these platforms.
Abstract: Service quality is a popular measure of quality output not only in the healthcare industry, but in other industries. Organizations use quality as a basis to meet the standard performance of their internal and external requirements. Later, organizations swayed their interest to providing quality service, which has become a sensitive term over the years. Even so, this concept has not been used to define the organisational performance, though the measure has previously been used to measure different aspects of quality output.
The various service quality models analyzed and the meaning of service quality is discussed. This review is based on the healthcare industry. The report establishes a future recommendation for a study on organisational factors relating to service quality from the context of employee service performance. Keywords: service quality, healthcare, service performance. Government and companies are in constant need of funding to produce and provide the most desirable consumer goods and services.
This article focuses on the factors that have an impact on access to finance in Zambia. The details in this article is entirely collected through secondary research, specifically from scholarly articles banking and finance, various text books inbanking and finance and journals from professional bodies. The paper is focused on the factors that have an impact on access to finance with emphasis on Zambian institutions, although general commentaries from various areas on the continent of Africa are also included in the article.
Abstract: The clothing retail industry in Coimbatore city of Tamilnadu is one such industry which is characterized by intensifying competition from both local and national companies leading to rise in more sophisticated and demanding customers. Consequently, retailers today aims to differentiate themselves by outperforming their competitors.
Clothing has identities and images, and consumers seek those apparels that match their self-image or the image they would like to project to others. The clothing retail industry in Coimbatore city of Tamilnadu is one such industry which is characterized by intensifying competition from both local and national companies leading to rise in more sophisticated and demanding customers.
Keywords: Frequency distribution, Clothing, Empiracal Analysis. Abstract: Moving object detection and tracking are the two important challenging tasks in the smart city video analytics system. It is challenging due to occlusion, presence of shadows, cluttering, dynamic background, noise etc. Detection of moving objects, tracking, object matching across multi-camera, and re-identification are the basic steps of multi cameravideo analytics system. Multiple object detection and tracking in smart city video analytics can be developed according to appropriateness of society such as intelligent surveillance, smart parking, traffic monitoring, vehicle navigation, smart healthcare etc.
The goal of this paper is to analyze and review various approaches towards multiple object tracking. Keywords: Object detection, object tracking, video analytics, multi camera surveillance. Machine learning and Deep learning are subfields of AI with numerous customized tools facilitating a statistically driven NeuroImage data analysis and accurate disease prediction. Abstract: The objective of the present article is to obtain some constraints that are sufficient for the generalized Struve functions of first kind to belong to the subclasses , and to study the inclusion properties.
Keywords: Analytic functions, Struve functions, Generalized. Gayatri Upadhyay. References: Barazesh, A. Amu , O. AnouksakThammavong and DirekL January Gopal Ranjan, A. Shaik, Ismail. Phadnis, Sabino Ayvar-Soberas, Assesment of cutting force and hole quality in drilling Al aluminium alloy experimental and finite element study, internationall journal of advanced manufacturing technology 87 Kadam, M.
Kumar and P. Packiara, Effect of drilling parameters on surface Roughness, tool wear, material removal rate and hole diameter error in drilling of ohns. Jayabal U. Raj, S. Das, K. Kilickap, M. Huseyinoglu, A. Yardimeden, Optimization of drilling parameters on surface roughness in drilling of AISI using response surface methodology and genetic algorithm, The International Journal of Advanced Manufacturing Technology , 52 1 Nalawade, S.
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Pham, E. Kog, A. Ghanbarzadeh, S. Otri, S. Rahim, M. Zaidi, The beesalgorithm—a novel. LD, DhineshBabu, and P. Quality-of-service-enabled ant colony-based multipath routing for mobile ad hoc networks. Communications, IET, 6 1 , Buyya, CloudSim: a novel frameworkfor modeling and simulation of cloud computing infrastructures and services,Computing Research Repository, vol. R Raja Ramesh, Ch. Satyananda Reddy. References: Lochmann, D. Ron S. Gnesi, S. Hussain, I. Paper presented at the Quality Software, Seventh International Conference on. Jani, H. Applying Case-Based Reasoning to software requirements specifications quality analysis system.
Mat Jani, H. A framework of software requirements quality analysis system using case-based reasoning and Neural Network. Davis, S. Overmyer, K. Jordan, J. Caruso, F. Dandashi, A. Dinh, et al. Identifying and measuring quality in a software requirements specification. Paper presented at the Software Metrics Symposium. In: Proceedings. Kenett, R. Software specifications metrics: a quantitative approach to assess the quality of documents. Lami, G. An automatic tool for the analysis of natural language requirements. A framework to measure and improve the quality of textual requirements.
Requirements Engineering, 18 1 , Carlson, N. The federal system imposes no such general requirements, but a few states have mandated disclosures from their resident ADR providers of consumer arbitrations, and researchers including those deployed by the federally created Consumer Financial Protection Bureau have made forays into submarkets to try to find filings. I offer details about how to research arbitration filings and the results of those inquiries in service of three points. First, Dispute Diffusion uncoupled from obligations of public access closes off systematic information about the volume and nature of the complaints.
But for state regulation requiring data or the largesse of providers, we would know even less about arbitration in practice than we do. Second, the information available demonstrates the non-use of arbitration. Because so few individuals, as contrasted with those eligible to bring claims, do so in the newly mandated system, arbitration works to erase rather than to enhance the capacity to pursue rights.
Third, exploration of the individualized system demonstrates the importance of collectivity to the pursuit of small-value claims. An account of the route to the data is in order because, asFrances Kellor recounted in her book on the AAA, arbitration is a private process. The businesses that shaped it preferred to have their disputes off screen, and they obliged arbitrators to keep confidential what they learned and did.
Decades later, that aura of privacy persists, even as the rule structure about confidentiality has become more complex. Thus, public access relies primarily on the rules of ADR providers, the text of arbitration clauses, custom, and some federal and state regulations. As noted, the major providers describe arbitration as a private process and authorize arbitrators to limit third-party access to hearings.
The legality of such rules is a subject of debate. In , the Ninth Circuit held this provision unconscionable under California law, but other circuits the Second, Third, and Fifth have not objected to such provisions. In practice, however, mandates to keep consumer information confidential are infrequent. The study by the CFPB concluded that in consumer debt, confidentiality was required in seven percent of the credit card clauses reviewed and in none of the arbitration obligations imposed by the wireless service providers.
Yet, unlike courts, obliged by statutes and constitutions to account for their work, ADR providers are subject to fewer regulations, and First Amendment and Due Process rights of access have not thus far been read to apply directly to them. ADR providers do not routinely create public venues for observation of their proceedings, and many providers decline to make public the number and kinds of claims with which they deal, or do so only by way of a special arrangement with selected researchers. Important exceptions—from transnational conventions, federal regulations, and state law—permit windows into a few segments of the arbitration market.
Yet information remains spotty. A study, Reporting Consumer Arbitration Data in California , concluded that most providers were not in compliance with the state law; only eleven of the twenty-six entities identified as arbitration providers filed any of the required information.
The web-based materials are a revolving set; when a new quarter is posted, the older quarter is taken down, such that only five years of data are online. To understand the use of arbitration, we evaluated a lengthy chronicle of claims from across the country that were filed and closed from July to June Below, I detail some of the results of parsing these data as well as materials gathered by other researchers. My focus is on the use of arbitration, the rules and fee structures of the AAA, the provisions made for indigent claimants, and compliance with awards.
The density of this account aims both to provide information not otherwise available and to make plain the challenges entailed in doing so. By way of a preview, seven conclusions emerge from this brief survey of available data. First, obtaining the information is labor-intensive, and the results are partial at best. Second, public records indicate that almost no individual consumers use arbitration. Third, navigating the sea of arbitration clauses and governing rules requires sophistication. Assistance—such as easily accessible forms on fee waivers and consumer-friendly user guides—is hard to find.
Fourth, no comprehensive provisions enable indigent consumers to obtain waivers of filing fees. Fifth, the major ADR providers have little current capacity to administer a large number of arbitrations. Sixth, deciding on the optimal numbers of arbitrations requested or completed is difficult.
But, and seventh, if the justification for applying the FAA to consumers is that it opens doors to dispute resolution that were otherwise closed, little evidence comes from the number of claimants using arbitration individually in the years since the Supreme Court expanded the aegis of the FAA and closed off collective action. The Consumer Financial Protection Bureau also sought to understand the role played by small claims courts.
The CFPB found that, in , fewer than consumers filed against credit issuers in small claims court in a set of jurisdictions totaling about 85 million people; the CFPB identified credit card issuers turning to courts repeatedly—eighty percent of 41, claims—for debt collection. More information about the volume of filings in arbitration comes from the AAA data, which reported that it conducts about 1, consumer arbitrations as defined by the AAA a year.
On that count, filings averaged about 5, to 6, a year during the period from to Turning to employment, a study suggested that, across the country, at least thirty million employees were obliged to use arbitration. The question is what to make of the small numbers of claims filed. The low filing rates for consumer arbitrations could reflect a lack of need to do so.
Public enforcement may suffice, or manufacturers and service providers could generally be in compliance with legal obligations and voluntarily remedy the breaches that do occur. These government filings could be interpreted as providing all the legal remedies needed. Such efforts surely provide a buffer against the dearth of individual claims. Yet research by the Consumer Financial Protection Bureau describes how much the government itself relies on private enforcement as one way to ferret out illegal action. The CFPB concluded that when government entities pursued particular claims that were also the subject of class actions, the government filed its complaints in about two-thirds of the cases after those filed by private parties.
If one argument for private enforcement comes from a policy analysis of the role it plays in enforcing obligations, another comes from law. State and federal legislation has authorized private rights of action, empowering individuals to bring claims. Such provisions reflect both majoritarian distrust of centralizing too much power in government and commitments to the entrepreneurialism of private enforcement.
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Two other factors—ease of knowing how to file claims and the costs of doing so—affect the likelihood of pursuing claims. In addition to the challenges of learning about other claimants, Dispute Diffusion makes it difficult to locate the governing rules and the fees involved in arbitration. Atop the rules of specific providers like the AAA , arbitration clauses may be a source of procedures, as can be individual arbitrators, imposing their own specifications.
Thus, just as the case law contesting arbitration clauses requires lawyer expertise if one is considering contesting any of the obligations imposed, using the arbitration system itself entails sophistication to learn which rules and fees apply. A few details on the layers of rules that have governed arbitration within the AAA system illustrate the subtleties of deciding—from reading documents—which rules govern. In , the Consumer Supplemental Protocol was replaced by a freestanding set of Consumer Arbitration Rules, not tied to an amount in controversy and to be used even when a consumer agreement specifies other rules.
The AAA reports that it has given waivers when requests are made but that it does not track the numbers or kinds of waivers, deductions, or deferrals given. If the problems of rules and costs ex ante impose barriers to filing, uneven implementation of the awards made ex post may also discourage filing. Responding to requests by members of Congress to study securities arbitrations, the Government Accountability Office GAO issued six reports between and 3. Some negotiated contracts build courts into their customized agreements.
A study of high-value companies concluded that the firms left open the option of using courts when negotiating contracts with each other; fewer than one in ten contracts bound themselves to use arbitration exclusively. Mattel, Inc.
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The case was atypical in that the particular contract was forged as a settlement of a federal lawsuit relating to the termination and indemnification obligations of a tenant Mattel to its landlord Hall Street. Outsourcing dispute resolution depends on law, which currently imposes a form of regulation—licensing variability, permitting privacy, prohibiting much by way of court oversight, and according a great deal of authority to private providers to preclude collective redress.
But other forms of regulation are possible, and such rules could impose obligations of egalitarian access and public accountability on arbitration. Each of the processes has its critics, yet each illustrates methods for organizing publicly endorsed arbitration. Thus, were the Supreme Court seeking ways to implement its tests of effective vindication and adequacy, it has models upon which to draw.
A second resource is Congress, which has created a different form of arbitration for cases filed in the federal courts. Agency oversight is a third model, and a fourth comes from regulatory efforts in Europe. Moreover, unlike the obligations enforced by the Supreme Court under the FAA, federal c ourt-annexed arbitrations do not preclude parties who want to proceed to trial from doing so.
Another distinction between FAA and court-annexed arbitration is the potential for the public to attend proceedings. Two other parallels between court-annexed arbitration and FAA-based arbitration merit discussion: costs and use. As for the frequency of use, four of the ten districts originally licensed in to create court-annexed arbitration programs continued, as of , to provide court-annexed arbitration.
FINRA rules leave open the possibility of collective action in courts by precluding enforcement of provisions requiring waivers of class actions, while requiring that arbitrations under its aegis are individual and not collective actions. Aggregate data about FINRA arbitration filings are also made available: between and , the numbers ranged from about 3, to 7, a year. A brief consideration of Europe—once serving as the arbitration model for the U. In addition to specifying that pre-dispute agreements against consumers are not enforceable, the regulations call for information about how CADR affects compliance with legal obligations and whether the procedures enhance consumer access to remedies.
Policing can also come from courts, such as a ruling, Alassini v. A return to the United States and to the federal courts—the font of contemporary arbitration law—provides my conclusion. Recall that in , the U. With the advantage of hindsight, we can know that rather than the , filings anticipated in for , some , cases were begun that year. In contrast, the market for alternative judges is booming. Between when it began and , the AAA had dealt with about 1. Above I argued that, insofar as can be known in light of a host of closed proceedings and limited quantitative data, this diffusion of disputes has resulted in a good deal of erasure of private enforcement of federal and state litigation rights.
But as I have detailed, experiences in courts are changing and, with them, the logic supporting open processes. Dispute Diffusion values speed, finality, deregulated variability, and confidentiality. As judges turn themselves into just another set of actors in the dispute resolution market providing conciliation services, rationales for constitutionally obligatory openness erode, as do arguments for substantial public support and structural independence.
The debate between the majority and dissent in the Delaware litigation illustrates this conflict of values. This disagreement among the appellate judges illuminates the doctrinal weakness of the current First Amendment test of access rights. Alternatively, the experience prong is irrelevant because openness may have value regardless of past practices. As the Delaware litigation also illustrates, the case law on public access focuses on whether proceedings in court are trial-like or predicates to trials.
Information is needed because the difficulties of producing fair and binding outcomes for the millions of individuals who are now rights-holders are enormous. Public debates need to explore what kinds of injuries ought to be redressable and, if so, how. The complement to all of his methods is the concept of publicity, making exchanges between disputants and the state accessible in various ways so as to enable outsiders to evaluate the shape of the procedures developed and their outcomes.
The constitutional predicates of legitimate coercion are at stake, as are the property and political rights of citizens. W hether conducted by state-paid or by privately financed entities, dispute resolution charged by the state with vindicating legal obligations has to be regulated to ensure equality of access through mandating fee waivers for indigence and overseeing the quality of decision makers. The alternatives must be publicly available and accountable so as to permit analyses of whether their processes and results constitute law, justice, or both.
In courts and their alternatives, constitutional democracies require public engagement with the substantive and procedural rules that are the predicates for the power to render enforceable judgments. Civil Cases , U. Similar provisions are proffered by other wireless service providers.
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See, e. Such shorthands appear in a variety of materials. For example, advertising campaigns have characterized litigation as abusive, while defenders of court-based processes argue that critics have exaggerated the harms of lawsuits and undervalued the legitimacy of the injuries sought to be redressed.
See , e. Goldberg v. Kelly , U. A recent review of the interactions among federal administrative adjudicators comes from Bijal Shah, Uncovering Coordinated Interagency Adjudication , Harv. Marshall, S. Mathews v. Eldridge , U. See Peter B. Rutledge, Arbitration and the Constitution ; Roger J. Concepcion , Wal-Mart v. Dukes , and Turner v. Rogers, Harv. Cardozo Sch. For example, Justice Scalia has authored two opinions requiring single-file arbitrations despite evidence that absent the capacity to use collective action, claims will not be brought.
Express Co. Italian Colors Rest. Concepcion, S. Justice Scalia has also questioned the extent to which the Constitution requires governments to assist individuals seeking to use the courts. Casey, U. Justice Thomas concurred in both of the arbitration rulings upholding class bans. Italian Colors , S. Concepcion , S. He has also objected to constitutional obligations to subsidize litigants. See Turner v. Rogers, S. J ex rel. Both Justices Scalia and Thomas also joined in imposing limits on class actions.
See Wal-Mart Stores, Inc. Dukes, S. Alexander J. Colvin argues that mandated arbitration gives control over process to employers, lowers the bargaining capacity of employees, and limits access to counsel. See Thomas E. Greenberg, Paul F. Radin, supra note 17 , at ; see also Michelle E. Boardman, Consent and Sensibility , Harv. Express, Inc. McMahon, U. Alberto-Culver Co. Bill Harbert Constr. Dobson, U. Ricoh Corp. Express , U. The phrase is becoming part of debates on the FAA case law. The American Arbitration Association provides quarterly reports on consumer arbitration pursuant to the laws of various jurisdictions in which it operates.
Consumer Arbitration Statistics , Am. Because the AAA takes data from the website each quarter, the materials on the web as of the spring of no longer included some of what had been posted for , and new materials had been added to provide information through the end of The data we analyzed ran from July through June of ; we downloaded the data to retain them. A preliminary word on methodology is in order. After downloading the five-year period detailed above, we then removed all claims filed by one firm after learning that it had filed the 1, claims in an effort to create de facto class actions, see infra notes and accompanying text.
Thus, we identified individual claims. That series of e-mails and telephone exchanges, from February through April of are hereinafter referenced as Boyle AAA Materials. See infra note and accompanying discussion. The AAA data from listed 1, filings in ; 1, arbitrations in ; 2, arbitrations in ; and 1, in Boyle AAA Materials, supra note The number of subscribers comes from Bar- Gill , supra note 17 , at , Most include a small claims court option, id. The CFPB noted that a class action antitrust settlement limited the use of arbitration clauses for certain issuers for under four years, beginning in The small claims court option is encouraged by the AAA.
See Consumer Arbitration , Am. See infra figs. Filings ought not to be equated with decisions, as in some of the cases identified, defendants sought to stay litigation and filed motions to require arbitration. Although CFPB researchers also sought to identify filings in a subset of states, they found that data challenges made that plan unworkable.
Rules, Federal Rules of Civil Procedure
In terms of the class action research, the research included six consumer markets and also was able to locate 92 state court class action filings. See Hall St.
Strine, F. Reform , ; Report from Alexander J. Gough to the Am. In , the Consumer Financial Protection Bureau added its analysis, based on studying federal consumer financial class settlements approved between and , and identifying the sizes of classes in about three-quarters of those cases and the amounts received.
See Genn , supra note 4 , at Peter A. Consumer L. Ninety-eight percent of the defaulting debtors lacked counsel. Rights Div. See generally Susan S. When a judge dissents in whole or in part he shall give in writing the reasons for his dissent. Declaration of Rights of , art. See Md. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.
The right to bring claims is linked to the right to represent oneself in civil as well as criminal cases. See Iannaccone v. Law, F. Louis U. State constitutions protected civil juries, and the Seventh Amendment ensured preservation of civil jury trial rights in the federal system.
See U. During ratification, Virginia, North Carolina, and Rhode Island suggested the addition of a right-to-remedy clause and proffered language reminiscent of the provisions quoted above. He ought to obtain right and justice freely without sale, completely and without denial, promptly and without delay, and that all establishments, or regulations contravening these rights, are oppressive and unjust.
That and other proposals were not adopted, nor did such terms again under consideration after ratification become a part of the Bill of Rights. William C. Koch, Jr. Marbury v. Madison, 5 U. Exceptional Child Ctr. Living Ctr. Doe, U. Sandoval, U. A list of examples comes from the appendix to the brief in Douglas v. Independent Living Center of Southern California , detailing sixty-one cases in which preemption of state provisions was not based on claims filed under 42 U.
Brief for Respondents at app. One famous example is Ex parte Young , U. In Armstrong v. Mansour, U. When federal courts enforced common law rights, questions have emerged about whether such rights were part of a general common law and could thus be interpreted and shaped by federal judges, or whether such rights derived from remedial structures provided by states. See Anthony J. Bellia Jr. Boumediene v. Bush, U. INS v.
Cyr, U. Crowell v. Benson, U. Cyr , U. Turpin, U. Collins, U. Klein, 80 U. Smith, U. See Bounds , U. The Lewis majority read Bounds narrowly to reduce its scope. Button, U. Motor Transp. Trucking Unlimited, U. Borough of Duryea v. Guarnieri , S. The ruling narrowed the grounds on which Petition Clause claims by public employees arguing retaliation can be made. See generally Charles A. Chapman eds. The questions of when a taking occurs and what constitutes just compensation are for the courts.
United States, U. Power Corp. FCC, F. More recently, the Court and scholars have addressed when judicial decisions constitute takings and whether analysis of their lawfulness should be based on the Takings or the Due Process Clause. See Stop the Beach Renourishment, Inc. APCC Servs. Zimmerman Brush Co. Florida, in Federal Courts Stories, supra note 63 , at , See Press-Enter. Virginia, U. Waller v. Georgia, U. Presley v. A list of the circuits concluding that rights to civil trials were protected is provided in Del. Planet, F. Civil Liberties Union v.
Transit Auth. See United States v. Erie County, F. Pellegrino, F. Boddie v. Connecticut, U. See generally Frank I. Boddie , U. San Antonio Indep. Rodriguez, U. The sole dissenter, Justice Black who had authored the opinion in Griffin v. Illinois , U. Kras, U. Lassiter v. Turner v. The Court specifically reserved the question of whether lawyers would have to be appointed when the state, rather than a private party also lacking counsel, was the opponent.
Resnik, supra note , at See id. Issues of inclusiveness and diversity are under discussion in the field of arbitration. Richard Susskind, The End of Lawyers? Rethinking the Nature of Legal Services See Peter G. See 28 U. The Director of the Administrative Office files reports annually. Certain forms of personal information such as social security numbers are protected, and current federal appellate rules limit remote electronic access to documents in immigration cases. See Fed. See John G. Robert C. LaFountain, Richard Y. Schauffler, Shauna M.
See generally Stephen C. The Administrative Office of Illinois Courts AOIC —like its counterparts across the country—issues annual reports containing caseload statistics, disposition information, and more. Act No. Office of Ill. Courts Nov. The staff reconfirmed this information for the author on May 12, e-mail on file with author. See Michael J. Russell R. The Chief Justice provided the data in his year-end report. See Roberts, supra note , appendix. Times Mag.
The Chief Justice chaired the judiciary when it expanded its building footprint, while his leadership of the Court helped to produce substantial constriction of the remedial authority of the federal courts. See Thomas F. Eagleton United States Courthouse, St. Louis, Missouri , U. Eagleton U. Courthouse , U. Thanks to Magistrate Judge Noce for providing me with the image and information about the courthouse. This building is not the largest courthouse in the country. For example, the structure built for the Brooklyn Supreme and Family Courts houses more than eighty courtrooms in more than 1.
With thirty-two stories, it is feet high. See William H. Thus, the data ran from through The number of state filings is an estimate, as states do not uniformly report data on all categories. This information is derived from annual reports of caseload statistics published by the National Center for State Courts. These statistics are estimates, as not all states report data in the same manner and in all categories. In , New York reported 2. California data are provided in the report related to a statute creating a pilot program—named after Sargent Shriver—for civil legal assistance.
See A. Investigation of the Ferguson Police Department , supra note 43 , at More than sixty reports were published by court systems as of the mids. See Resnik , supra note Louis County Mo. For example, in , the U. District Courts — Judicial Business , U. EEOC v. Waffle House, U. Other Justices have offered similar analyses. Gilmer v. Thomas , U. Federal Arbitration Act, Pub. See Amalia D. See H. Code into positive law. Dreyfus, U.
See Prima Paint Corp. Keating, U. See Alexander v. Gardner-Denver Co. McDonald v. City of W. Branch, U. Swan, U. Barrentine v. J, dissenting. See Bernhardt v. Polygraphic Co. Prima Paint Corp. Adams, U. Soler Chrysler-Plymouth , U. See Southland Corp. Rodriguez de Quijas v. McMahon , U. Adams , U. Marmet Health Care Ctr. Brown, S. Genesis Healthcare Corp. Congress had specifically considered the requirement to arbitrate claims against nursing homes but has not enacted legislation on the practice.
Law of the H. See Soler Chrysler-Plymouth , U. See infra notes - and accompanying text. Lower courts have, as discussed infra notes - and accompanying text, upon occasion found arbitration provisions unenforceable and used a variety of explanations, some tied to effective vindication or burdensomeness or unconscionability. In EEOC v.
XII, opened for signature June 10, , U. Under the Convention, state parties can decline enforcement of awards on public policy grounds and may also condition enforcement on certain forms of reciprocity. The interaction between entrepreneurship and sovereignty is mapped by several commentators. The figure of , cases administered annually by the AAA comes from various sources. Gusy, James M. More recent information from the AAA indicated that, in and , it received more than , filings.
Several federal agencies and many state programs, such as those for uninsured drivers and no-fault automobile insurance claims, rely on the AAA. See Brief for the Am. Randolph, U. The AAA is also the largest provider of arbitration services for employment. PLC v. Republic of Arg. See Rt. See generally Trevor C. Barrentine , U. See generally Resnik , supra note See generally Dustin B. Benham calls for rules building in the sharing of discovery as part of the goal of increasing the efficiency of litigation.
He argues that his proposals fit the paradigm of Federal Rule amendments addressing proportionality as a test of the permissible scope of discovery. Congress has proposed, but not enacted, obligations to make more materials available. Symposium, Secrecy in Litigation , 81 Chi. See generally Stephen B. Act of Sept. This provision was upheld against challenges that it violated Article III by bypassing life-tenured judges. See Thomas v. Union Carbide Agric. Prods Co. The rules detail the location of the arbitration, discovery and evidentiary procedures, and arbitrator compensation. Amateur Sports Act of , Pub.
Administrative Dispute Resolution Act, Pub. In , acting pursuant to the National Parks Omnibus Management Act of , the National Park Service authorized concessioners to use arbitration in conflicts about the value of leasehold surrender interests, if contracts are terminated. See 66 Fed. The method for selecting arbitrators is detailed in 36 C. Both parties must agree in writing and specify which issues are to be arbitrated.
See 37 C. I n , in response to the Leahy-Smith America Invents Act, the Patent and Trademark Office expanded the availability of binding arbitration to patent derivation proceedings. The Federal Communications Commission FCC makes arbitration available related to home run wiring ownership in multiple dwelling unit buildings. These access to justice efforts are summarized at Access to Justice Initiatives , supra note Illinois is the example discussed here.
See infra note and accompanying text. As of , researchers reported that systems in place for consumer ADR in Europe responded to about half a million claims annually, and many of the processes were free of charge. In addition, regulations address online dispute resolution ODR and aim to create an EU-wide online platform for disputes arise out of online transactions and to link this platform to national ADR systems.
Council 3 Feb. CADR Directive, supra note , at para. Commission Recommendation EU No. Discussion from a U. Class Action Have a New Analogue? Com Apr. The Commission Recommendation on Collective Redress explains its goal as enabling more private enforcement of rights, to supplement public and individual methods. Commission Recommendation on Collective Redress, supra note , at para. A UK Consumer Rights bill to create opt-out collective actions for damages aims to facilitate private enforcement of that body of law.
The much-criticized discovery function and class action remain together the scourge of corporate and governmental malefactors. Civil Cases , supra note 1. A parallel, coming from the quasi-criminal context, was the limited access accorded to proceedings conducted by the New York City Transit Authority NYCTA , which had come to function as a low-level, criminal court. When individuals failed to pay fares, jumped turnstiles, or were otherwise misbehaving in the subway system of New York, the NYCTA issued notices of violations, totaling in one year about , See N.
City Transit Auth. To attend, a prospective observer had, under Transit Authority rules, to obtain permission from respondent-defendants; each respondent had to agree, twice. Genn detailed how the UK, once a leader in providing legal aid and administrative tribunal redress, adopted a policy aiming for civil litigants to internalize the costs of litigation aside from courthouse infrastructure expenses under a fee-for-service model.
In the United States, the Judicial Conference has authorized the closing of several federal courthouses, and its Facilities and Space Committee announced in that it had reduced the square footage of the courts by three percent. Thanks are due to Donna Stienstra for a series of e-mails, clarifying the rules and resources on alternative dispute resolution in the federal courts. Judicial Ctr. See generally Robert M. Fiss, The Structure of Procedure An overview of the debate and the changes is provided in Owen M. See Cal. A first protocol grew out of a task force focused on labor and employment law.
See Margaret M. JAMS is another provider stating it imposes fairness standards. See infra notes and accompanying text, discussing changes in and to the AAA rules and fees. AAA Ethical Principles , supra note Michael L. Other researchers have offered specific accounts.
The information gathered is, nonetheless, far from complete. See Yeazell , supra note Moreover, procedural reforms, discussed here and by others, are making access to court-based information more difficult. See generally Confidentiality, Transparency, and the U. Civil Justice System Joseph W. Doherty, Robert T. Further, when arbitration providers are required to give data, their records may have more information than what is filed in courts, as the CFPB noted when analyzing the outcomes of class actions. Having a complete account would be difficult in that the AAA may not be aware that it is named in particular contracts as an arbitration administrator; apparently the AAA does not keep an internal list of all the government regulations or major manufacturers and employers that name it to be the administrator of arbitrations.
Boyle AAA Materials , supra note Other analyses have identified some of the institutions and businesses empowering the AAA. Public access to information about AAA arbitrators is available when seeking to select arbitrators. See Arbitrator and Mediator Selection , Am. In addition, state laws seeking information on arbitration providers offer another route to information. Those entities in compliance provide spreadsheets on which the names of arbitrators can be found. But see Pokorny v.
Quixtar, Inc. Challenges to the legality of such clauses is discussed infra notes - and accompanying text. Boyle AAA Materials, supra note 25; infra notes - and accompanying text. LexisNexis, as well as Westlaw, also offers some capacity for searching arbitral awards. See also Consumer Arbitration Rules , Am. Stipanowich, supra note , at 9. One history of contract links its development in the West to the rise of humanism and individualism.
Michael A. Recent r esearch on English and colonial practice requires reassessing the view of the role played by the judiciary in enforcing arbitration agreements in earlier centuries. Under a statute, the British Parliament created a mechanism for parties to obtain referrals to arbitration and for the court to enforce awards through contempt powers. This approach was adopted in more than twenty American jurisdictions, including both before and after colonies became states. See Ian R. Knowing the frequency with which arbitrations were open to third parties is difficult. Historians have identified examples of eighteenth and nineteenth century arbitrations that were conducted like trials, albeit without juries, and many such proceedings included spectators.
My thanks to John Langbein for suggesting this resource. By the time of the enactment of the federal legislation on arbitration in , arbitrations were styled as closed processes, and since its founding in , the AAA has described privacy as a central feature of arbitrations. Thus, in contemporary discussions, arbitration is often celebrated for offering the confidentiality that courts do not. Picart, who lived from to , was known for his depictions of religious ceremonies and customs of diverse peoples. See Ilja M. Art 94 All rights to the former logo of the Permanent Court of Arbitration, shown in Figure 5, are held by the PCA; the image is reproduced with permission of the PCA and the assistance of its staff.
In , the logo was updated. Kellor, supra note , at 9. Read, trans. The ICJ has received some cases over the decades of its operation. Under PCA rules, public information is generally provided only if parties consent; legal obligations may also require some disclosures. The U. See G. Enforcement of rulings may come through national judiciaries. United States Arbitration Act, Pub.
The act was repealed in , when it was reenacted with minor editorial revisions and codified at 9 U. Federal Arbitration Act, ch. The construction and application of the United States Act is of special importance, both for the effect which it may have upon the construction and application of state acts with similar principles and provisions, and because it is the statute to which reference will usually be made when the arbitrations involve controversies between citizens of different states.
United States Arbitration Act, ch. Despite protests by some judges invoking the federal Jones Act and other protections specifically for seamen , lower courts have relied on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the expansion of FAA law to apply mandated arbitration clauses to foreign nationals who are seamen. NCL Bahamas , Ltd. Royal Caribbean Cruise Line, F. Clair Adams , U. See Marine Transit Corp. See Kessler, supra note , at quoting Kellor, supra note , at See Federal Arbitration Act, Pub.
Kellor, supra note , at Byrd, U. Express v. S 20, 26 Southland Corp. The FAA continues to be construed not to provide an independent source of federal jurisdiction but as governing cases otherwise properly before the federal courts. The test of when federal jurisdiction exists in cases seeking to enforce arbitration agreements under the FAA is not, however, straightforward.
Discover Bank, U. Allied-Bruce Terminix Cos. Justice Thomas, joined by Justice Scalia, also dissented to argue that Southland ought to be overturned. Christopher R. Rutledge, Contract and Procedure , 94 Marq. Shute, U. Gilmer , U. On remand, the Ninth Circuit concluded that, under California law, the contract was not enforceable because it was a contract of adhesion. Adams , F. Given that Baker and Waffle House had not arbitrated, the issue of whether any mitigation would have been in order was not reached.
Simmons, N. Waffle House , U. The Court had suggested this approach in Gilmer v. See William W. Leff, supra note , at I should add that my concern is not about boilerplate per se, which can enable egalitarian treatment across a set of contracting parties and lower the costs of contracting.