Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law

Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer Jan 1995

Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer

Articles

No abstract provided.


Title Vii Arbitration, Patrick O. Gudridge Jan 1995

Title Vii Arbitration, Patrick O. Gudridge

Articles

Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside ...