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The New Yellow Dog Contract: Mandatory Arbitration Agreements And Collective Action Waivers In The Aftermath Of Epic Systems, Eric Lundy Jan 2024

The New Yellow Dog Contract: Mandatory Arbitration Agreements And Collective Action Waivers In The Aftermath Of Epic Systems, Eric Lundy

Nevada Law Journal Forum

Since the 1980s, the Supreme Court has consistently found arbitration agreements in employment contracts to be enforceable, citing a strong national policy favoring arbitration. This line of cases came to its apogee in 2018 with Epic Systems Corp. v. Lewis. The Court held that the statutory right to engage in concerted activities for the purpose of mutual aid or protection did not confer upon employees the right to bring class actions against their employer when they had signed an arbitration agreement with a collective action waiver. While the Court’s decision was widely criticized in the academic community, it sent a …


Alternative Evidence Rules For Arbitration, Henry Zhuhao Wang Sep 2023

Alternative Evidence Rules For Arbitration, Henry Zhuhao Wang

Nevada Law Journal

No abstract provided.


Political Polarization: Psychological Explanations And Potential Solutions, Jennifer K. Robbennolt Mar 2023

Political Polarization: Psychological Explanations And Potential Solutions, Jennifer K. Robbennolt

Nevada Law Journal

No abstract provided.


The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki Jan 2018

The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki

Nevada Law Journal

No abstract provided.


"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight Jan 2018

"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam Jan 2018

Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam

Nevada Law Journal

No abstract provided.


Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai Jan 2018

Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai

Nevada Law Journal

No abstract provided.


Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges Jan 2018

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Nevada Law Journal

No abstract provided.


Response: Public Litigation, Private Arbitration?, David L. Noll Jan 2018

Response: Public Litigation, Private Arbitration?, David L. Noll

Nevada Law Journal

No abstract provided.


Arbitration's Dark Shadow, Benjamin P. Edwards Jan 2018

Arbitration's Dark Shadow, Benjamin P. Edwards

Nevada Law Journal

No abstract provided.


Arbitration, What Is It Good For?, Thomas O. Main Jan 2018

Arbitration, What Is It Good For?, Thomas O. Main

Nevada Law Journal

No abstract provided.


The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez Jan 2018

The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Nevada Law Journal

No abstract provided.


A Review Of Nevada Patron Dispute Decisions, Mark Lerner, Emily Cunningham Dec 2017

A Review Of Nevada Patron Dispute Decisions, Mark Lerner, Emily Cunningham

UNLV Gaming Law Journal

No abstract provided.


Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson Sep 2017

Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson

Nevada Law Journal

No abstract provided.


The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin Sep 2016

The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin

Nevada Law Journal

No abstract provided.


Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh Jun 2016

Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews Sep 2015

Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews

Nevada Law Journal

No abstract provided.


Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight Sep 2015

Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman Mar 2015

Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman

Nevada Law Journal

No abstract provided.


Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar Mar 2013

Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar

Nevada Law Journal

No abstract provided.


Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel Jan 2012

Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke Oct 2011

How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke

UNLV Gaming Law Journal

A panel discussion on the topic of conflict resolution and negotiation strategies among internationally acclaimed poker players Annie Duke and her brother, Howard Lederer, UCLA professor Russell Korobkin, and leading Las Vegas gaming executive Jack Binion. The following transcript reflects the speakers' discussion.


Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware Apr 2011

Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware

Nevada Law Journal

No abstract provided.


Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight Apr 2011

Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press Apr 2011

Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press

Nevada Law Journal

No abstract provided.


The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert Apr 2011

The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert

Nevada Law Journal

No abstract provided.


There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury Apr 2011

There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Nevada Law Journal

No abstract provided.


Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh Apr 2011

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett Apr 2011

Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett

Nevada Law Journal

No abstract provided.


Volunteers: The Power Of Community Mediation, Becky L. Jacobs Apr 2011

Volunteers: The Power Of Community Mediation, Becky L. Jacobs

Nevada Law Journal

No abstract provided.