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Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Faculty Publications
Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Faculty Publications
This Article discusses the shortcomings inherent in the consideration and enactment of the arbitrability provisions of the ADA and the 1991 Civil Rights Act. As a threshold matter, Part II demonstrates that the latter Act's textual encouragement of arbitration indicates that Congress misapprehended the effect of Gilmer, which the Supreme Court had decided barely six months before the Act's passage. Specifically, this Part will argue that after Gilmer, textual encouragement of arbitration has little or no greater legal significance than textual silence would have. In the few decades before the decision, textual encouragement would have had significant impact because particular …