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- Federal Arbitration Act (4)
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- Gilmer v. Interstate/Johnson Lane Corp (2)
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Articles 1 - 7 of 7
Full-Text Articles in Labor and Employment Law
Evaluating Employment Arbitration: A Call For Better Empirical Research, Samuel Estreicher, Michael Heise, David Sherwyn
Evaluating Employment Arbitration: A Call For Better Empirical Research, Samuel Estreicher, Michael Heise, David Sherwyn
Cornell Law Faculty Publications
Since at least 1991, issues surrounding mandatory arbitration of employment and other disputes have intrigued, perplexed, angered, gratified, and confounded academics, politicians, lawyers, and others. As with many legal issues, the first wave of scholarly work centered on the law. As the law has pretty much settled, academics have turned to empirical work, focusing on how employment arbitration works, and how it compares to employment litigation. In part due to pressure from California legislation, the American Arbitration Association (“AAA”), the nation’s leading provider of arbitration services, opened access to its data base. Owing to inevitable data limitations, most analyses have …
Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise
Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Arbitration And Litigation Of Employment Claims: An Empirical Comparison, Theodore Eisenberg, Elizabeth Hill
Arbitration And Litigation Of Employment Claims: An Empirical Comparison, Theodore Eisenberg, Elizabeth Hill
Cornell Law Faculty Publications
The authors conducted empirical research comparing court case and arbitrated outcomes for employment disputes. In cases not involving civil rights claims, they found little evidence that arbitrated outcomes materially differed from trial outcomes where the claimant was a higher-paid employee. Moreover, they found no statistically significant differences between employee win rates or in the median or mean awards in arbitration and litigation. They also reported evidence indicating that arbitrated disputes conclude more quickly than litigated disputes.
Dispute Resolution In The Boundaryless Workplace, Katherine V.W. Stone
Dispute Resolution In The Boundaryless Workplace, Katherine V.W. Stone
Cornell Law Faculty Publications
Since the Supreme Court's decision Gilmer v. Interstate/Johnson Lane Corp. which compelled an employee to submit his age discrimination claim to arbitration under the Federal Arbitration Act (FAA), there has been a dramatic increase in the number of nonunion firms adopting arbitration systems. At the same time, there has been a flood of lawsuits challenging these employment systems, and a corresponding avalanche of judicial opinions addressing the legal issues left open in Gilmer – issues such as the problematic nature of consent in employment arbitration, the deficiencies in due process, and the applicability of the FAA to employment contracts. These …
Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone
Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone
Cornell Law Faculty Publications
Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …
Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone
Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone
The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.