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Public Courts Versus Private Justice: It's Time To Let Some Sun Shine In On Alternative Dispute Resolution, Laurie Kratky Dore
Public Courts Versus Private Justice: It's Time To Let Some Sun Shine In On Alternative Dispute Resolution, Laurie Kratky Dore
Chicago-Kent Law Review
In her article, Public Courts versus Private Justice: It's Time to Let Some Sun Shine in on Alternative Dispute Resolution, Professor Laurie Doré explores the divergent attitudes toward confidentiality in litigation and confidentiality in alternative dispute resolution. In adjudicating even seemingly private disputes, a court balances the legitimate need for confidentiality against any countervailing public interest in disclosure. A strong presumption of public access attaches to judicial records and proceedings and good cause must support any protective, sealing, or confidentiality order of a court. Today, however, an increasing number of disputes that would otherwise be litigated before a judge …
The Bench Trial: A More Beneficial Alternative To Arbitration Of Title Vii Claims, Dianne Larocca
The Bench Trial: A More Beneficial Alternative To Arbitration Of Title Vii Claims, Dianne Larocca
Chicago-Kent Law Review
An increasing percentage of the workforce in the United States is covered by pre-dispute mandatory arbitration agreements through which employees waive their right to bring suit under Title VII. Although these agreements are an important avenue for the resolution of disputes between employers and employees, these agreements have proved unsatisfactory. In this Article, I describe the advantages and disadvantages of arbitration agreements for employers and employees. I then explore whether pre-dispute mandatory arbitration agreements through which employees waive their right to a jury trial and agree to a bench trial of their Title VII claims are a more beneficial alternative. …