Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Labor arbitration (3)
- AFA (2)
- Arbitration (2)
- Arbitration Fairness Act (2)
- Discrimination in employment (2)
-
- Dispute resolution (Law) (2)
- 14 Penn Plaza LLC v. Pyett (1)
- AT&T (1)
- AT&T vs. Concepcion (1)
- ATT (1)
- Actions & defenses (Law) (1)
- Arbitration clauses (Contracts) (1)
- Arbitrators (1)
- Claim-Suppressing (1)
- Claims (1)
- Compromise (Law) (1)
- Concepcion (1)
- David S. Schwarts (1)
- David Sherwyn (1)
- Defendants (1)
- Employers' liability (1)
- Employment Arbitration (1)
- Employment at will (1)
- Federal government (1)
- Financial crises (1)
- Grievance arbitration (1)
- Judicial review (1)
- Labor Arbitration (1)
- Labor Unions and Similar Labor Organizations (1)
- Labor arbitrators (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Irony Of At&T V. Concepcion, Colin P. Marks
The Irony Of At&T V. Concepcion, Colin P. Marks
Indiana Law Journal
This Essay explores the possible dual readings of Concepcion in light of the FAA and its interpretation, including Supreme Court precedents. This Essay concludes that though there is support for interpreting the Concepcion decision narrowly, it is more likely that a broader interpretation was intended, but the metes and bounds of this opinion have yet to be explored. Nonetheless, under this broad interpretation, the effect on consumers will be to discourage individuals from seeking redress for their claims. Indeed, the decision may actually encourage businesses to breach contractual obligations with impunity when the individual sums owed are too small to …
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green
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
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.
Employment Arbitration 2011: A Realist View, Laura J. Cooper
Employment Arbitration 2011: A Realist View, Laura J. Cooper
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.