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Full-Text Articles in Law
The Pendulum Swings Again, Richard C. Reuben
The Pendulum Swings Again, Richard C. Reuben
Faculty Publications
Mandatory arbitration provisions in contracts of adhesion expose the difficult tension between individual contractual rights and collective contractual needs. The question is where we draw the line. The law of adhesion contracts has traditionally used the doctrine of unconscionability to draw that line, and cases like Graham v Scissor-Tail more precisely instruct us to draw it at the reasonable expectations of the parties. By presumptively refusing to enforce cram-down arbitration provisions for consumer claims, absent evidence of knowing and voluntary waiver, we will restore those reasonable expectations, and, in the words of the case law, ensure minimum levels of integrity …
Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman
Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman
Faculty Publications
This article deals with labor law access rules, particularly the rights of unions to gain access to employers' private property for organizing purposes. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approached this area. First, the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherent framework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace.Professors Gely and Bierman attribute the Supreme Court's flawed approach to …