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What You Don’T Know Can’T Hurt You Unless You Work For Jpmorgan Chase: The Fifth Circuit’S Refusal To Notify Potential Flsa Plaintiffs Under Arbitration Agreements, Christian Villanueva 2020 Boston College Law School

What You Don’T Know Can’T Hurt You Unless You Work For Jpmorgan Chase: The Fifth Circuit’S Refusal To Notify Potential Flsa Plaintiffs Under Arbitration Agreements, Christian Villanueva

Boston College Law Review

On February 21, 2019, the United States Court of Appeals for the Fifth Circuit held in In re JPMorgan Chase & Co. that district courts may not send or require notice of a pending Fair Labor Standards Act collective action to employees bound by arbitration agreements. The decision represented a matter of first impression among the federal courts of appeals. This Comment argues that the Fifth Circuit’s decision correctly applied the 1989 Supreme Court case, Hoffmann-La Roche v. Sperling, which gave district courts the power to facilitate notice in collective actions, to the new reality of arbitration agreements. This Comment ...


In Conspicuous Terms-- Arbitration Agreements For The Modern Reasonable App User, Michelle Dunbar 2020 William & Mary Law School

In Conspicuous Terms-- Arbitration Agreements For The Modern Reasonable App User, Michelle Dunbar

William & Mary Business Law Review

Two recent decisions regarding the validity of arbitration agreements in mobile apps have come to opposite conclusions despite utilizing the same legal standard and concerning the same app—Uber. While the Federal Arbitration Act strongly favors the validity and importance of arbitration agreements, it appears that judge’s subjectivity based on common knowledge and understanding of apps is influencing the outcome of cases concerning the validity of these arbitration agreements. To the modern app user, are these terms really inconspicuous? For businesses, this could mean that instead of competing in an already saturated app market by enhancing their design and ...


Cutting Off The Eu To Spite Its Face?: How To Promulgate The Uk’S Contractual Choice Of Law Rules To Ensure Stability Post-Brexit, Emma Coffey 2020 Boston College Law School

Cutting Off The Eu To Spite Its Face?: How To Promulgate The Uk’S Contractual Choice Of Law Rules To Ensure Stability Post-Brexit, Emma Coffey

Boston College Law Review

As the UK struggles to figure out what its relationship with the world will look like after leaving the EU, scholars attempt to predict how it will answer the many remaining questions. One of the questions that the UK will face is what to do with existing EU law and, in particular, Regulation 593/2008 (Rome I). This regulation sets out the choice of law rules for any contractual agreements that are disputed in the UK. The UK must grapple with how to distinguish the laws from the EU and reinforce parliamentary sovereignty while also keeping the laws consistent to ...


Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger 2020 Pepperdine University

Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger

Pepperdine Dispute Resolution Law Journal

No abstract provided.


In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy 2020 Pepperdine University

In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy

Pepperdine Dispute Resolution Law Journal

Arguably, binding religious arbitration agreements are constitutionally problematic because they hinder freedom of religion: They inhibit parties’ ability to change their beliefs. However, religious arbitration agreements also offer an outlet for the religiously inclined to further practice their beliefs. This Article offers a middle ground: If a party to a religious arbitration agreement changes religion, he or she can claim a “conscientious objector” status if he or she can prove the agreement violates his or her sincerely held religious beliefs. Courts are allowed to inquire into the sincerity of a person’s religious beliefs. The religious question doctrine — which restricts ...


Mediation In Education For Foster Care, Anelise Powers 2020 Pepperdine University

Mediation In Education For Foster Care, Anelise Powers

Pepperdine Dispute Resolution Law Journal

There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to ...


Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton 2020 Pepperdine University

Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton

Pepperdine Dispute Resolution Law Journal

There was nothing preordained about arbitration becoming shorthand for investor-state dispute settlement. The ICSID system was built on the assumption that disputing parties would choose conciliation to settle their disputes. Those expectations went unrealized as arbitration rose to prominence, and since that time institutions, parties, and academics have observed that facilitated negotiation could play a greater role in resolving investor-state disputes. A number of domestic court systems have made mediation part of the fabric of dispute resolution through incentives and compulsions to mediate. Drawing on this experience, this manuscript considers how obstacles to the uptake of investor-state mediation might be ...


Strategic Apologies In Medical Malpractice Mediation, Brittany Norman 2020 Pepperdine University

Strategic Apologies In Medical Malpractice Mediation, Brittany Norman

Pepperdine Dispute Resolution Law Journal

Mistakes happen, even in a field as serious and careful as medicine. As a result, some patients are left with unexpected results from their medical procedures. Once hospitals inform patients of medical mistakes or the patients inform the hospital, the patients' cases are moved to the legal realm, where they are viewed as a liability. This shift causes the patient to feel as though the hospital does not recognize him or her and prevents doctors from apologizing to their patients, despite their desire to do so. In an attempt to apologize without vulnerability to liability, medical professionals are sometimes instructed ...


Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer 2020 Pepperdine University

Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer

Pepperdine Dispute Resolution Law Journal

The first section of this article will discuss the significance of removing arbitration agreements from wrongful death claims and implementing mediation instead. The second section will detail the background of arbitration clauses in nursing homes. The third section will review state acts that have opposed the use of arbitration agreements for wrongful death claims in nursing homes. The fourth section will analyze cases that have challenged arbitration agreements in nursing homes for wrongful death claims. The fifth section will propose compulsory mediation and multi-tiered dispute resolution clauses as substitutes for arbitration clauses. Finally, the sixth section will consider potential objections ...


No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas 2020 Pepperdine University

No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas

Pepperdine Dispute Resolution Law Journal

This article discusses differences in foreclosure law, consumer protection, and mediation programs. Then, it will summarize relevant research on the topic of homeowners’ attitudes, financial knowledge, economic hardships, causes of default, and effectiveness of representation. Next, this article will outline the study’s design and methodology followed by the results from the data produced by the study. Then, the results will be analyzed. Finally, policy recommendations and reforms supported by the study’s evidence will be discussed.


Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire 2020 University of Maine School of Law

Arbitration Of Health And Safety Issues In The Workplace: Employees Who Refuse Work Assignments Because Of Fear Of Aids Contagion, Madelyn C. Squire

Maine Law Review

Horror stories concerning the abuse suffered by the AIDS victim in the workplace are plentiful. There have been numerous reports about employees who have refused to work with or touch the AIDS worker, or use the same bathroom, telephone, water fountain, or pencil. It was reported that one AIDS victim was not even allowed to use his pregnant co-worker's word processor; she claimed she had once seen him sweat on the keyboard. Paul Cronan became painfully aware that his employer of twelve years, the New England Telephone Company, had breached his privacy by divulging in large group meetings of ...


Mass Arbitration, J. Maria Glover 2020 Georgetown University Law Center

Mass Arbitration, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s interpretation of the Federal Arbitration Act in a series of recent cases makes clear that arbitration agreements contained in contracts of adhesion will be enforced according to their terms. Some of the terms in various arbitration agreements appear “friendly” to claimants and to arbitration. Of course, such “arbitration-friendly” provisions were not actually intended to facilitate arbitration; they were intended to fend off challenges that the agreements’ terms were unconscionable. These terms included, in virtually every arbitration agreement, a prohibition of class-wide arbitration. As I have set forth in prior work, the true gambit of the arbitration ...


Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan 2020 Indiana University Maurer School of Law

Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan

Indiana Journal of Constitutional Design

Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the ...


The Adversarial Mindset, Dan Simon, Minwoo Ahn, Douglas M. Stenstrom, Stephen J. Read 2020 USC Gould School of Law

The Adversarial Mindset, Dan Simon, Minwoo Ahn, Douglas M. Stenstrom, Stephen J. Read

University of Southern California Legal Studies Working Paper Series

Many social outcomes are reached by means of competitions between opposing actors. While the positive effects of competition are beyond dispute, this paper contends that competitive situations also trigger a particular psychological mindset that can distort contestants’ judgment and lead to suboptimal courses of action. The paper presents a theoretical framework that consists of a myside bias, by which people adopt a self-serving view of the competition, evaluate themselves favorably, and evaluate their counterpart unfavorably. The framework also proposes the construct of otherside bias, by which people impute to their counterparts distortions that are similar, but opposite, to their own ...


The Nexus Of Access To Information, Good Governance, And Investment Negotiation, Mahmoud Elsaman 2020 University of Washington School of Law

The Nexus Of Access To Information, Good Governance, And Investment Negotiation, Mahmoud Elsaman

Washington International Law Journal

One advantage of alternative dispute resolution mechanisms is the confidentiality that they provide. Negotiations preceding and during dispute resolution proceedings are no exception to the rule of privacy. However, when governments are involved in negotiations, confidentiality may contradict the free access to information as a fundamental human right that plays a significant role in sustaining good governance by promoting transparency and government accountability. While there are escalating efforts to enhance the right to access information related to investment arbitration proceedings, not all investment disputes are settled through investment arbitration. A significant number of investment disputes are settled directly through investment ...


Please Remain Standing: Using Fed. R. Civ. P. 15(D) Supplemental Pleading To Cure Defects In Standing, Carson Miller 2020 University of Cincinnati College of Law

Please Remain Standing: Using Fed. R. Civ. P. 15(D) Supplemental Pleading To Cure Defects In Standing, Carson Miller

University of Cincinnati Law Review

No abstract provided.


Federal Rules Of Platform Procedure, Rory Van Loo 2020 Boston Univeristy School of Law

Federal Rules Of Platform Procedure, Rory Van Loo

Faculty Scholarship

Tech platforms serve as private courthouses for disputes about speech, lodging, commerce, elections, and reputation. After receiving allegations of defamatory content in top search results, Google must decide between protecting one person’s public image and another’s profits or speech. Amazon adjudicates disputes between consumers and third-party merchants about defective or counterfeit items. For many small businesses, layoffs and bankruptcy hang in the balance. This Article uncovers the processes that these platforms use to resolve disputes, and proposes reforms. Other powerful businesses that intermediate, such as credit card companies ruling on a disputed charge between a merchant and consumer ...


Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. PytlikZillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston 2020 University of Nebraska Public Policy Center

Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. Pytlikzillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston

Lisa PytlikZillig Publications

The primary purpose of this report is to provide a descriptive and technical summary of the results from similar surveys administered in fall 2014 (n = 576), 2015 (n = 301), 2016 (ns = 1946 and 2089), and 2018 (n = 1050) and summer 2019 (n = 1300). In order to explore a variety of factors that may impact public perceptions of unmanned aerial technologies (UATs), we conducted survey experiments over time. These experiments randomly varied the terminology (drone, aerial robot, unmanned aerial vehicle (UAV), unmanned aerial system (UAS)) used to describe the technology, the purposes of the technology (for economic, environmental, or security goals ...


Five Recurring Problems In International Arbitration: The Relationship Between Courts And Arbitral Tribunals, Iris NG, Melissa NG, Andre SOH, Siyuan CHEN 2020 Singapore Management University

Five Recurring Problems In International Arbitration: The Relationship Between Courts And Arbitral Tribunals, Iris Ng, Melissa Ng, Andre Soh, Siyuan Chen

Research Collection School Of Law

In recent years, five recurring problems regarding the relationship between courts and tribunals have gained prominence due to case law developments. These run the gamut from preliminary issues with the arbitration agreement to disputes at the enforcement stage. This article examines these problems in detail, with a view to shed new light on the question of what it means for a jurisdiction to be “pro-arbitration”. The authors argue that the oft-repeated binary categorisation of “pro-arbitration” and “anti-arbitration” jurisdictions is too broad-brush. Instead, there is no easy answer to what constitutes a truly “pro-arbitration” approach, and no one-size-fits-all approach to being ...


Masthead & Table Of Contents, Carson W. Bennett 2020 Pepperdine University

Masthead & Table Of Contents, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

No abstract provided.


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