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Customizing Employment Arbitration, Randall Thomas, Kenneth J. Martin
Customizing Employment Arbitration, Randall Thomas, Kenneth J. Martin
Vanderbilt Law School Faculty Publications
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the qualifications of the arbitrator(s), the governing procedural rules, the limitation period, recoverable damages, rules for discovery and the presentation of evidence and witnesses, and the specificity of required arbitrator findings. While other scholars have questioned whether parties to arbitration agreements frequently take advantage of this customization, there is little solid empirical information about the topic. In this article, we study the arbitration clauses found in a random sample of 910 …
Islamic Law Meets Erisa: How America's Private Pension System Unintentionally Discriminates Against Muslims And What To Do About It, Beverly I. Moran
Islamic Law Meets Erisa: How America's Private Pension System Unintentionally Discriminates Against Muslims And What To Do About It, Beverly I. Moran
Vanderbilt Law School Faculty Publications
This article asks whether Muslims whose religious beliefs prevent investment in their employers’ private pension plans have a right to religious accommodation. This is a real issue for a growing part of the population whose spiritual lives are governed by rules that prohibit the giving or taking of interest. As one might expect, the investments available through most American pension plans involve some aspect of interest making those investments unsuitable retirement vehicles for devote Muslims. Consequently, in order to secure their retirement income, Muslims are faced with either violating their religious beliefs, losing years of investment opportunity as they wait …