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Full-Text Articles in Law
Social Framework Studies Such As “Women Don’T Ask” And “It Does Hurt To Ask” Show Us The Next Step Toward Achieving Gender Equality—Eliminating The Long Term Effects Of Implicit Bias—But Are Not Likely To Get Cases Past Summary Judgment, Andrea Doneff
Andrea Doneff
Social Framework evidence has been used for many years to explain how statements or actions indicate discriminatory motive. For example, social framework evidence helps us understand how statements that a woman should dress more femininely or attend charm school near the time of a decision not to offer her partnership demonstrate stereotyped behavior and therefore indicate discriminatory motives for the employment decision. Recent social framework studies show that women often do not negotiate on their own behalf and, when they do, they are perceived negatively by both men and women. Complementary studies show that negative perceptions play out over the …
Is Greentree V. Randolph Still Good Law? How The Supreme Court’S Emphasis On Contract Language In Arbitration Clauses Will Impact The Use Of Public Policy To Allow Parties To Vindicate Their Rights, Andrea Doneff
Andrea Doneff
There is little disagreement that the Supreme Court’s arbitration decisions over the last several terms have limited the application of state law to invalidate or render unenforceable arbitration agreements. The Supreme Court has placed tremendous emphasis on the language of the parties’ contract and the policy that arbitration agreements are valid, enforceable, and even encouraged as an alternative to litigation. The impact of these decisions remains to be seen, but does not bode well for protecting parties from onerous arbitration clauses. The theory of this article is that the impact of the Supreme Court decisions will be to minimize or …