Since the early 1980s, the Supreme Court has espoused a strong preference for arbitration in the employment setting. Despite this general preference, the Supreme Court has never clearly stated that mandatory arbitration of statutory rights is always reasonable. This omission has led to much controversy about whether this preference permits the mandatory arbitration of all statutory rights or only those that are amenable to arbitration as defined by the Supreme Court
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
In response to costly legal battles and proliferating causes of action for alleged employer miscondu...
While the United States Supreme Court has repeatedly held that claims based on statutory rights may ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress ha...
One of the hottest current issues in employment law is the use of mandatory arbitration to resolve w...
Mandatory arbitration as used here means that employees must agree as a condition of employment to ...
In a country that protects the plaintiff\u27s right to a day in court, it only seems natural that Sa...
Would employees-including union employees-be better off with mandatory arbitration, even of statutor...
For the greater part of the twentieth century, arbitration has played a large role in resolving disp...
The enforceability of mandatory arbitration policies contained in employment contracts between emplo...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Mandatory arbitration agreements subvert an employee\u27s constitutional right to a judicial forum a...
In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals al...
As arbitration processes have improved over the last ten years, the negative perception of mandatory...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
In response to costly legal battles and proliferating causes of action for alleged employer miscondu...
While the United States Supreme Court has repeatedly held that claims based on statutory rights may ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress ha...
One of the hottest current issues in employment law is the use of mandatory arbitration to resolve w...
Mandatory arbitration as used here means that employees must agree as a condition of employment to ...
In a country that protects the plaintiff\u27s right to a day in court, it only seems natural that Sa...
Would employees-including union employees-be better off with mandatory arbitration, even of statutor...
For the greater part of the twentieth century, arbitration has played a large role in resolving disp...
The enforceability of mandatory arbitration policies contained in employment contracts between emplo...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Mandatory arbitration agreements subvert an employee\u27s constitutional right to a judicial forum a...
In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals al...
As arbitration processes have improved over the last ten years, the negative perception of mandatory...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
In response to costly legal battles and proliferating causes of action for alleged employer miscondu...
While the United States Supreme Court has repeatedly held that claims based on statutory rights may ...