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Articles 1 - 4 of 4
Full-Text Articles in Law
Indiana In The Midst Of #Metoo: The Argument For Enforcing Arbitration In Sexual Harassment Claims, Jonathan Cisneros
Indiana In The Midst Of #Metoo: The Argument For Enforcing Arbitration In Sexual Harassment Claims, Jonathan Cisneros
Pepperdine Dispute Resolution Law Journal
This note argues that it is in the best interest of sexual harassment victims and the state of Indiana to not follow suit in passing legislation that prohibits employers from requiring mandatory arbitration in sexual harassment cases. This is based on an analysis of the potential factors underlying Indiana’s current lack of legislative movement, the weight of the arguments for and against mandatory arbitration, and consideration of the preemption issues surrounding state laws banning mandatory arbitration. Part II sets the foundation for this note by laying out the most pertinent parts of the FAA and analyzing how the U.S. Supreme …
Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs
Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs
Pepperdine Dispute Resolution Law Journal
This Comment evaluates the use of arbitration and mediation as effective alternative dispute resolution mechanisms for resolving workplace sexual harassment claims. Part II discusses the legal development of sexual harassment claims in the workplace. Part III evaluates companies who use internal dispute resolution programs with mediation and arbitration to resolve workplace harassment claims. Finally, Part IV analyzes the advantages and disadvantages of companies designing and implementing internal dispute resolution programs to adjudicate workplace sexual harassment claims.
Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle
Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle
Pepperdine Dispute Resolution Law Journal
This article focuses on the role of restorative justice in repairing the sexual abuse cases of organizations like schools and churches. Topics discussed include efforts of the community members and institution leaders in the prevention of sexual victimization, the role of public apology and restorative justice in restoring the community faith and the role of the criminal justice system in protecting the victims of sexual abuse.
Moving Forward Together: The Lgbt Community And The Family Mediation Field , Mark J. Hanson
Moving Forward Together: The Lgbt Community And The Family Mediation Field , Mark J. Hanson
Pepperdine Dispute Resolution Law Journal
This is a time of great change for the Lesbian, Gay, Bisexual and Transgender ("LGBT") community. Members of the LGBT community have gained increased awareness and rights. The United States Supreme Court found state sodomy laws that ban same-sex sexual activity unconstitutional. Thirty-three states have enacted hate crime legislation that protects members of the LGBT community. Recently from the streets of San Francisco, to New Platz, New York and to Sandoval County, New Mexico, LGBT couples have received marriage licenses despite being prohibited by state law. Other states, such as Connecticut, Massachusetts and Vermont have enacted legislation giving LGBT couples …