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Full-Text Articles in Law
Arbitration And The Federal Balance, Alyssa King
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
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
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
Rethinking American Arbitration, Thomas J. Stipanowich
Indiana Law Journal
No abstract provided.
Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel
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
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
Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton
Indiana Law Journal
No abstract provided.
Divorce In Utopia, Thomas A. Cowan
A Standard For Arbitrators In Subcontracting Disputes
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
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.
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
Arbitration At Common Law In Indiana, Edwin M. S. Steers
Arbitration At Common Law In Indiana, Edwin M. S. Steers
Indiana Law Journal
No abstract provided.
Two Views Of Commercial Arbitration, Paul L. Sayre
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
Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre
Indiana Law Journal
No abstract provided.