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Full-Text Articles in Law
Claim-Suppressing Arbitration: The New Rules, David S. Schwartz
Claim-Suppressing Arbitration: The New Rules, David S. Schwartz
Indiana Law Journal
Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …
The Changing Role Of Labor Arbitration, Theodore J. St. Antoine
The Changing Role Of Labor Arbitration, Theodore J. St. Antoine
Indiana Law Journal
Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.
Protecting The Parties' Bargain After Misco: Court Review Of Labor Arbitration Awards, Douglas E. Ray
Protecting The Parties' Bargain After Misco: Court Review Of Labor Arbitration Awards, Douglas E. Ray
Indiana Law Journal
No abstract provided.
The Debate Over The Caliber Of Arbitrators: Judge Hays And His Critics, Julius G. Getman
The Debate Over The Caliber Of Arbitrators: Judge Hays And His Critics, Julius G. Getman
Indiana Law Journal
No abstract provided.