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Collective Bargaining Agreements In Discrimination Cases: Forum Shopping Their Way Into A New York District Court Near You!, George Klidonas
Collective Bargaining Agreements In Discrimination Cases: Forum Shopping Their Way Into A New York District Court Near You!, George Klidonas
George Klidonas
There has recently been a divergence of opinion between the state courts and the district courts in New York on the issue of whether a unionized employee must arbitrate discrimination claims in light of a collective bargaining agreement mandating alternative dispute resolution. The problem that New York is faced with is that the New York courts recently failed to properly delineate a standard of what a clear and unmistakable waiver. Furthermore this "split" between the federal and state courts with regards to these arbitration provisions will cause forum shopping by claimants, heavily favoring federal courts. A trilogy of Supreme Court …
Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh Goodmark
Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh Goodmark
Leigh Goodmark
In the 1970s and 80s, feminists led the way in crafting and advocating for policies to address domestic violence in the United States—and those feminists got it wrong. Desperate to find some way to force police to treat assaults against spouses as they would strangers, the battered women’s movement seized on the idea of mandatory arrest—relieving police of discretion and requiring them to make arrests whenever probable cause existed. But mandatory arrest also removed discretion from the women that the policy purported to serve, a trend that has come to characterize domestic violence law and policy. Later policy choices, like …
Introduction, Laurence Boulle, Bobette Wolski
Introduction, Laurence Boulle, Bobette Wolski
Bobette Wolski
This issue of the Bond Law Review is devoted to developments in alternative dispute resolution (ADR) in international perspective.
Is Three A Crowd?: Neutrality, Partiality And Partisanship In The Context Of Tripartite Arbitrations, Sean-Patrick Wilson, David J. Mclean
Is Three A Crowd?: Neutrality, Partiality And Partisanship In The Context Of Tripartite Arbitrations, Sean-Patrick Wilson, David J. Mclean
Sean-Patrick Wilson
Despite the widespread usage of party-appointed tripartite arbitration, for some time there has been confusion and concern among academics, courts, parties and arbitrators about the proper role of neutrality in tripartite structure. For example, is it legally permissible for party-appointed arbitrators to be partial? What difference, if any, exists between terms such as “partial,” “partisan” and “non-neutral”? How do we reconcile the Federal Arbitration Act’s ban on “evident partiality” with the concept of having non-neutral arbitrators? Unfortunately, neither Congress nor the Supreme Court has delineated fully the concept of neutrality of party-appointed arbitrators, and the case law among the circuit …