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Articles 1 - 3 of 3
Full-Text Articles in Law
Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer
Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer
Missouri Law Review
Mandatory class arbitration waivers are increasingly common in employment agreements. It is estimated that forty-three percent of companies have mandatory class arbitration waivers. Employees sign them because they either do not believe they will ever have a major problem with their employer, they believe arbitration is a cheaper and faster method of dispute resolution, or they simply do not read or understand the clause. This Note discusses the facts surrounding the Eighth Circuit’s decision in Cellular Sales of Missouri to uphold a class arbitration waiver. It analyzes the approach other federal circuit courts have taken in upholding and striking down …
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai
Missouri Law Review
Missouri, like many other states, has evaluated and decided to address employment discrimination that occurs as a result of requiring people with a criminal history to disclose that information during the initial phases of the hiring process. Efforts to eliminate bias have been seen through the “Ban the Box” movement. The movement generally advocates removing the box applicants check if they have a criminal history, opting instead to delay this question for later in the employment process. This Note analyzes the advantages and disadvantages of adopting this legislation and evaluates whether doing so leads to a lower risk of employment …
Few Thoughts About Scalia's Dissenting Opinion In Rutan V. Republican Party Of Illinois And His View Of The Public Workplace, Rafael Gely
Faculty Publications
I first became familiar with the U.S. Supreme Court decision in Rutan v. Republican Party of Illinois, when I began teaching employment law a few years after the decision was issued. Having spent six years in Illinois while attending law school and graduate school, and returning to teach at Chicago-Kent College Law, the case was of particular interest to me, as the names and location of the case all seemed so familiar. I found the dissent by Justice Antonin Scalia particularly interesting in that it raised a number of fascinating issues and made various assertions that seemed to make sense. …