Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (8)
- Collective Bargaining (8)
- Barbara W. Doering (4)
- Bargaining and Discussion-Is It a Happy Marriage? (4)
- Labor Arbitration (4)
-
- Labor arbitration (4)
- Arbitration & award (3)
- National Labor Relations Act (3)
- National Labor Relations Board (3)
- Unions (3)
- AFA (2)
- Alternative Dispute Resolution (2)
- Arbitration Fairness Act (2)
- Arbitration clauses (Contracts) (2)
- Bobbe June Blom v. Tippecanoe School Corp. (2)
- Discrimination in employment (2)
- Dispute resolution (Law) (2)
- Federal Arbitration Act (2)
- Indiana Education Employment Relations Board (2)
- Industrial arbitration (2)
- Industrial relations (2)
- Judicial review (2)
- Labor law (2)
- Labor unions (2)
- Public Law 217 (2)
- Supreme Court (2)
- "Good Cause" Dismissal (1)
- 14 Penn Plaza LLC v. Pyett (1)
- 8(a)(5) Charge (1)
- AT&T (1)
Articles 1 - 30 of 37
Full-Text Articles in Law
Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki
Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki
Indiana Law Journal
In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs.
In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …
Mandatory Process, Matthew J.B. Lawrence
Mandatory Process, Matthew J.B. Lawrence
Indiana Law Journal
This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Employment Arbitration 2011: A Realist View, Laura J. Cooper
Employment Arbitration 2011: A Realist View, Laura J. Cooper
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
The Irony Of At&T V. Concepcion, Colin P. Marks
The Irony Of At&T V. Concepcion, Colin P. Marks
Indiana Law Journal
This Essay explores the possible dual readings of Concepcion in light of the FAA and its interpretation, including Supreme Court precedents. This Essay concludes that though there is support for interpreting the Concepcion decision narrowly, it is more likely that a broader interpretation was intended, but the metes and bounds of this opinion have yet to be explored. Nonetheless, under this broad interpretation, the effect on consumers will be to discourage individuals from seeking redress for their claims. Indeed, the decision may actually encourage businesses to breach contractual obligations with impunity when the individual sums owed are too small to …
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 Failure Of Adversarial Process In The Administrative State, Bryan T. Camp
The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp
Indiana Law Journal
No abstract provided.
Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv
Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv
Indiana Law Journal
William R. Stewart Lecture given at Indiana University School of Law-Bloomington on October 31, 2006.
Federal Arbitration Act Preemption, Christopher R. Drahozal
Federal Arbitration Act Preemption, Christopher R. Drahozal
Indiana Law Journal
No abstract provided.
Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston
Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston
Indiana Law Journal
No abstract provided.
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.
Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy
Indiana Law Journal
No abstract provided.
Lawyer's Agenda For Understanding Alternative Dispute Resolution, Edwin H. Greenebaum
Lawyer's Agenda For Understanding Alternative Dispute Resolution, Edwin H. Greenebaum
Indiana Law Journal
No abstract provided.
Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White
Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White
Indiana Law Journal
No abstract provided.
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Indiana Law Journal
No abstract provided.
Rethinking American Arbitration, Thomas J. Stipanowich
Rethinking American Arbitration, Thomas J. Stipanowich
Indiana Law Journal
No abstract provided.
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.
Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro
Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro
Indiana Law Journal
No abstract provided.
The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd
The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd
Indiana Law Journal
No abstract provided.
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund
Indiana Law Journal
Symposium: A Year of Teacher Bargaining In Indiana
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.
Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.
Indiana Law Journal
Symposium: A Year of Teacher Bargaining In Indiana
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.
Use Of An Arbitration Clause As A Defense To 8(A)(5) Charge Resulting From The Employer's Refusal To Bargain When Acting Unilaterally With Respect To A Mandatory Subject Of Collective Bargaining
Indiana Law Journal
No abstract provided.
A Standard For Arbitrators In Subcontracting Disputes
A Standard For Arbitrators In Subcontracting Disputes
Indiana Law Journal
No abstract provided.
Plant Removal And The Survival Of Seniority Rights: The Glidden Case
Plant Removal And The Survival Of Seniority Rights: The Glidden Case
Indiana Law Journal
No abstract provided.
The Need For An Adequate Remedy For The Slowdown
The Need For An Adequate Remedy For The Slowdown
Indiana Law Journal
No abstract provided.