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Arbitration Nation: Data from Four Providers

.248 concluding that the party agreed to do so.?) ; David Horton, Clause Construction: A Glimpse Into Judicial and Arbitral Decision-making, 68 DUKE L.J. (forthcoming 2019) (manuscript at 28, 37) (on ... Claims and the Erosion of Substantive Law , 124 YALE L.J. 3052 ( 2015 ); David Horton, Federal Arbitration Act Preemption, Purposivism, and State Public Policy, 101 GEO. L.J. 1217 ( 2013 ) ; Christopher R

The Federal Arbitration Act and Testamentary Instruments

and policymakers but also to illustrate that testamentary arbitrationmay not suffer from some of the flaws that make contractualarbitrationso polarizing. * ©2012 David Horton. ** Acting Professor

Unconscionability in the Law of Trusts

contest, and arbitrationclauses-andshows how a trust-specific unconscionability doctrine would improve outcomes in cases. II. UNCONSCIONAmLIrY IN TRUST LAw ........................ 1698 © 2009 David Horton ... ., A. CORIN, CoBlIN ON CONTRACTS § 559A (Supp. 1989) ("[T]he bulk of contracts signed in this country, if not every major Western nation, are adhesion contracts ....");David Horton, Hipping the Script

Employment Arbitration After the Revolution

:// David Horton* & Andrea Cann Chandrasekher** INTRODUCTION: THE ARBITRATION REVOLUTION In 2013, Keeya Malone brought a wage and hour class action against her former employer

Tomorrow's Inheritance: The Frontiers of Estate Planning Formalism

DAVID HORTON* Abstract: The rules that govern the creation of an estate plan are in flux. Courts once demanded strict adherence to the Wills A.cYtet, this legacy of hyper-vigilance is waning, as hte ... hienritability of digital assets. © 2017, David Horton. All rights reserved. * Professor of Law and Chancellor’s Fellow, University of California,Davis, School of Law. Thanks to Robert H. Sitkoff for helpful

Borrowing in the Shadow of Death: Another Look at Probate Lending

BORROWING IN THE SHADOW OF DEATH: ANOTHER LOOK AT PROBATE LENDING DAVID HORTON* ?Fringe? lending has long been controversial. Three decades ago, demand for subprime credit soared, and businesses started to ... survive lean times. That seems backwards: arguably, the fact that fringe lending can bridge the gaps between paychecks suggests that it is socially valuable. 22. See generally David Horton & Andrea Cann


David Horton* Supposedly, one of the most important sticks in the bundle of property rights is the power to transfer an asset after death. This Article explores objects and entitlements that defy this