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Full-Text Articles in Law
Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen
Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen
Law and Contemporary Problems
Companies are increasingly using arbitral class action prohibitions to insulate themselves from class action liability. These prohibitions are detrimental not only to potential class members but to the public at large in that they are preventing the law from being adequately enforced. In essence, by precluding class actions, companies are engaging in "do-it-yourself tort reform," freeing themselves from liability without having to convince legislatures to change the substantive law.
The Uncertain Future Of Mandatory Arbitration Of Statutory Claims In The Unionized Workplace, Erica F. Schohn
The Uncertain Future Of Mandatory Arbitration Of Statutory Claims In The Unionized Workplace, Erica F. Schohn
Law and Contemporary Problems
As arbitration processes have improved over the last ten years, the negative perception of mandatory arbitration provisions that apply to statutory claims has decreased. The case law reflects this change in perception, as courts how allow mandatory arbitration of statutory claims brought by nonunion employees. This article argues that the continued distinction between claims by union and nonunion employees lacks any meaningful justification--that is, that mandatory arbitration of statutory claims is as appropriate, if not more so, in the collective bargaining context as it is in the nonunionized workplace.
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
Law and Contemporary Problems
This article critically examines a sampling of arbitration agreements and the rules of the major arbitration service providers and concludes that the cost of arbitration is often prohibitively high, either because consumers simply cannot afford the fees attendant to filing and prosecuting a claim or because the costs of bringing a claim outweigh the benefits of any potential remedies.
“Volunteering” To Arbitrate Through Predispute Arbitration Clauses: The Average Consumer’S Experience, Linda J. Demaine, Deborah R. Hensler
“Volunteering” To Arbitrate Through Predispute Arbitration Clauses: The Average Consumer’S Experience, Linda J. Demaine, Deborah R. Hensler
Law and Contemporary Problems
This article helps build the empirical foundation necessary for an informed debate regarding arbitration clauses in consumer contracts by providing preliminary insight into how businesses' use of these clauses affects consumers' ability to pursue their legal rights. To this end, the article reports the results of a study investigating, in a wide variety of consumer purchases, the frequency with which the average consumer encounters arbitration clauses, the key provisions of these clauses, and the implications of these clauses for consumers who subsequently have disputes with businesses they patronize.