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Indiana Law Journal

Dispute resolution (Law)

Articles 1 - 6 of 6

Full-Text Articles in Law

Procedural Fairness In Election Contests, Joshua A. Douglas Jan 2013

Procedural Fairness In Election Contests, Joshua A. Douglas

Indiana Law Journal

No abstract provided.


Beyond Labor Law: Private Initiatives To Promote Employee Freedom Of Association In The Obama Era, William Gould Iv Jan 2012

Beyond Labor Law: Private Initiatives To Promote Employee Freedom Of Association In The Obama Era, William Gould Iv

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.


Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green Jan 2012

Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green

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


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 …


Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn Jan 2012

Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn

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.


"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt Oct 1990

"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt

Indiana Law Journal

No abstract provided.