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Full-Text Articles in Law

Arbitration And The Federal Balance, Alyssa King Oct 2019

Arbitration And The Federal Balance, Alyssa King

Indiana Law Journal

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …


Claim-Suppressing Arbitration: The New Rules, David S. Schwartz Jan 2012

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 Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin Jan 2012

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.


Rethinking American Arbitration, Thomas J. Stipanowich Jul 1988

Rethinking American Arbitration, Thomas J. Stipanowich

Indiana Law Journal

No abstract provided.


Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel Apr 1985

Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel

Indiana Law Journal

No abstract provided.


Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman Oct 1973

Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman

Indiana Law Journal

No abstract provided.


Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton Apr 1973

Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton

Indiana Law Journal

No abstract provided.


Divorce In Utopia, Thomas A. Cowan Jan 1971

Divorce In Utopia, Thomas A. Cowan

Indiana Law Journal

No abstract provided.


A Standard For Arbitrators In Subcontracting Disputes Apr 1964

A Standard For Arbitrators In Subcontracting Disputes

Indiana Law Journal

No abstract provided.


Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act Jul 1956

Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act

Indiana Law Journal

No abstract provided.


Equity, Ben F. Small Jr. Apr 1946

Equity, Ben F. Small Jr.

Indiana Law Journal

No abstract provided.


Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis Feb 1942

Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis

Indiana Law Journal

Government Publications Review


Contracts-Arbitration-Sherman Act Nov 1934

Contracts-Arbitration-Sherman Act

Indiana Law Journal

No abstract provided.


Arbitration At Common Law In Indiana, Edwin M. S. Steers Dec 1929

Arbitration At Common Law In Indiana, Edwin M. S. Steers

Indiana Law Journal

No abstract provided.


Two Views Of Commercial Arbitration, Paul L. Sayre Jun 1927

Two Views Of Commercial Arbitration, Paul L. Sayre

Indiana Law Journal

No abstract provided.


Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre Jan 1927

Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre

Indiana Law Journal

No abstract provided.