Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (5)
- Dispute Resolution and Arbitration (4)
- Contracts (3)
- Civil Rights and Discrimination (1)
- Common Law (1)
-
- Conflict of Laws (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Evidence (1)
- Judges (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law Enforcement and Corrections (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Legal Remedies (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
St. Mary's Law Journal
Abstract forthcoming
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
The Journal of Business, Entrepreneurship & the Law
This note will examine the various effects and implications the Supreme Court’s decision concerning the legality of class action waivers within employee-employer contracts will have on employers, employees, and the contracts made between them. Part I will identify class action waivers within an employment contract’s arbitration agreement and will further elaborate upon the legal implications of such waivers being present in the contract. Part II will then discuss the history of the NLRA and assess its present-day role in employee–employer contract formation, in order to provide clarity as to the dispute that has arisen between the NLRA and class action …
Arbitration And The Federal Balance, Alyssa King
Arbitration And The Federal Balance, Alyssa King
Indiana Law Journal
Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …
Mmawc, Llc V. Zion Wood Obi Wan Trust, 135 Nev. Adv. Op. 38 (Sep. 5, 2019), John Mccormick-Huhn
Mmawc, Llc V. Zion Wood Obi Wan Trust, 135 Nev. Adv. Op. 38 (Sep. 5, 2019), John Mccormick-Huhn
Nevada Supreme Court Summaries
The Court determined that the Federal Arbitration Act (“FAA”) preempted NRS § 597.995, which required any agreement containing an arbitration provision to also provide affirmative authorization to the arbitration by the agreement’s parties.
Recent Developments, Raelynn J. Hillhouse
Paga Saves The Day Against Forced Arbitration, Letty Chavez
Paga Saves The Day Against Forced Arbitration, Letty Chavez
GGU Law Review Blog
Arbitration agreements are becoming increasingly common in the employment setting, with over 60 million Americans being bound by one. In the private sector, 56.2 percent of nonunion employees are bound by mandatory arbitration agreements. In California, 67.4 percent of workplaces are subject to mandatory arbitration. Employees are less likely to win their cases in arbitration than in court. The increase in PAGA lawsuits in recent years is likely associated to the increase in mandatory arbitration agreements. As more employees find themselves without access to the courts, PAGA claims offer the only remaining recourse for employees to have their day in …
The Best Of Times And The Worst Of Times: The Current Landscape Of Mandatory Arbitration Clause Enforcement In Domestic Arbitration, Virginia Neisler
The Best Of Times And The Worst Of Times: The Current Landscape Of Mandatory Arbitration Clause Enforcement In Domestic Arbitration, Virginia Neisler
Law Librarian Scholarship
There is nothing new about arbitration, a method of alternative dispute resolution designed to settle disputes more efficiently, cheaper, and faster than litigation. Today, mandatory arbitration clauses are ubiquitous in commercial contracts, social media terms and conditions, employment contracts, and more. These contracts, where one party in the weaker position (often a consumer or an employee) must either accept or reject the terms as written with no power to negotiate, are known as contracts of adhesion. The widespread use of arbitration clauses—specifically, predispute, forced arbitration agreements, often including classaction waiv ers found in adhesion contracts—has come under pressure.
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams
Marquette Benefits and Social Welfare Law Review
No abstract provided.