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Full-Text Articles in Law
Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand
Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand
Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “Church Autonomy And Religious Arbitration: Two Models Of Legal Pluralism”, Michael Helfand
Speaker, “Church Autonomy And Religious Arbitration: Two Models Of Legal Pluralism”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “Church Autonomy And Religious Arbitration: Two Models Of Legal Pluralism”, Michael Helfand
Speaker, “Church Autonomy And Religious Arbitration: Two Models Of Legal Pluralism”, Michael Helfand
Michael A Helfand
No abstract provided.
The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike
The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike
Alexander Colvin
[Excerpt] A major development in systems for the enforcement of individual employment rights is the use of alternative dispute resolution (ADR) procedures to resolve claims by employees. At their best, ADR procedures may hold the potential for greater accessibility by employees to enforcement of substantive employment rights, while avoiding burdens of excessive costs for the public and employers in processing claims. On the other hand, ADR procedures, particularly mandatory employment arbitration procedures, have also been criticized for producing the privatization of justice and denial of effective enforcement of employee rights. In this paper, we present the results of a new …
An Empirical Study Of Employment Arbitration: Case Outcomes And Processes, Alexander Colvin
An Empirical Study Of Employment Arbitration: Case Outcomes And Processes, Alexander Colvin
Alexander Colvin
Using data from reports filed by the American Arbitration Association (AAA) pursuant to California Code requirements, this article examines outcomes of employment arbitration. The study analyzes 3,945 arbitration cases, of which 1,213 were decided by an award after a hearing, filed and reaching disposition between January 1, 2003 and December 31, 2007. This includes all the employment arbitration cases administered nationally by the AAA during this time period that derived from employer-promulgated arbitration procedures. Key findings include: (1) the employee win rate amongst the cases was 21.4%, which is lower than employee win rates reported in employment litigation trials; (2) …
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Maureen A Weston
Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …
Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin
Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin
Alexander Colvin
[Excerpt] Arguably the leading issue for current labor law research is whether the existing system of law based on the Wagner Act model can continue to be relevant and appropriate for the contemporary workplace. Changes in the environment of work during the over half-century since this model was developed have brought pressures for re-evaluation and adaptation of key elements of its structure. Criticism of this system has focused on a number of areas, including: the reliance on the formal grievance procedure and arbitration; the separation of the realms of collective bargaining and business decision making; the limitations on employee participation …
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen Friedman
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen Friedman
Stephen E Friedman
Despite Congress’s deliberate limitation of the Federal Arbitration Act (the “FAA”) to disputes arising out of a contract containing an arbitration provision, broader arbitration provisions are ubiquitous. Courts invariably enforce such provisions under the FAA. Notably, the Supreme Court has almost entirely disregarded the relevant language of the FAA and has ignored the conflict between the FAA’s narrow language and the broad language typically found in arbitration provisions. In so doing, the Court has quietly and inappropriately elevated the language of private agreements above the language of the statute. In this article, Professor Friedman first identifies the origin of the …
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think (Video), Michael Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think (Video), Michael Helfand
Michael A Helfand
No abstract provided.
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Michael A Helfand
This article sketches some possible limitations on the impact AT&T Mobility v. Concepcion will have going forward. While many have seen the Supreme Court’s decision as simultaneously signaling an end to the viability of class action lawsuits and undermining principles of federalism, there may be reasons to believe that it will not have implications quite so far reaching. Specifically, this article proposes three reasons why Concepcion’s impact may be limited. First, the decision lends itself to a more narrow reading, which simply demands that courts take the entire of an arbitration agreement into account before deploying common law defenses to …