Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Discrimination

Dispute Resolution and Arbitration

University of Missouri School of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz Jul 2015

Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz

Faculty Publications

There was a time when individuals would meet in person to make purchases and do deals. They would discuss the terms, assess the trustworthiness and character of their contracting partners, and conclude the deal with a handshake. The handshake helped ensure the enforcement of the deal without need for the rule of law or legal power. That handshake was one’s bond — it was a personal trust mark. With the emergence of eCommerce, however, that handshake has nearly disappeared along with the sense of responsibility it inspired. Accordingly, this article discusses how this has impacted consumers’ access to remedies regarding ...


On Precarious Ground: Binding Arbitration Clauses, Collective Bargaining Agreements, And Waiver Of Statutory Workplace Discrimination Claims Post-Pyett - Duraku V. Tishman Speyer Properties, Inc., J. Nicholas Haynes Jan 2011

On Precarious Ground: Binding Arbitration Clauses, Collective Bargaining Agreements, And Waiver Of Statutory Workplace Discrimination Claims Post-Pyett - Duraku V. Tishman Speyer Properties, Inc., J. Nicholas Haynes

Journal of Dispute Resolution

During the 1960s, federal and state governments put into place a maze of statutes aimed at protecting the civil rights of minorities, both in society and in the workplace. While these statutes have undoubtedly lessened workplace discrimination for minorities in the United States, there are still some areas that are uncertain or unsettled, especially when a union is involved on behalf of the employees. More to the point, there has been a wealth of confusion as to whether the right to bring a statutory workplace discrimination claim can be waived when a worker joins a union and allows the union ...