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All articles tagged '"arbitration clauses"'

85 articles found

Infinite Arbitration Clauses

By Beth Graham - March 22, 2019
University of California, Davis School of Law Professor David Horton has published “Infinite Arbitration Clauses,” University of Pennsylvania Law Review, Vol. 168 (Forthcoming). 

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Proposed Federal Laws Would Bar Certain Mandatory Pre-Dispute Arbitration and Class Waiver Agreements

By Beth Graham - March 11, 2019
On February 28th, Georgia Representative Hank Johnson and Connecticut Senator Richard Blumenthal introduced legislation that would prohibit pre-dispute mandatory arbitration clauses in employment, consumer, antitrust, and civil rights cases, but allow parties to agree to arbitration in the event a dispute arises. 

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Interpreting the Scope of Exclusion-From-Arbitration Clauses in the IP Rights Realm

By Kyle Bailey - February 27, 2019
The scope of arbitration clauses and exclusion-from-arbitration clauses are a common source of dispute.

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A New Legal Framework for Employee and Consumer Arbitration Agreements

By Beth Graham - August 27, 2018
Imre S. Szalai, Judge John D. Wessel Distinguished Professor in Social Justice at Loyola University New Orleans College of Law, has published “A New Legal Framework for Employee and Consumer Arbitration Agreements,” 19 Cardozo J. Conflict Resol. 653 (2018); Loyola University New Orleans College of Law Research Paper No. 2018-09. 

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Disrupting Work Law: Arbitration in the Gig Economy

By Beth Graham - April 12, 2018
Charlotte Garden, Co-Associate Dean for Research and Faculty Development and Associate Professor of Law at Seattle University School of Law, has authored an interesting paper titled “Disrupting Work Law: Arbitration in the Gig Economy,” 2017 University of Chicago Legal Forum 205 (2018). 

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Texas AG Joins Bipartisan Group Urging Congress to Act on Mandatory Arbitration of Workplace Sexual Harassment Claims

By Beth Graham - February 15, 2018
The Texas Attorney General has reportedly joined a bipartisan group comprised of representatives from 56 states and U.S. territories in a call for federal legislation that would prohibit employers from requiring victims of workplace sexual harassment to engage in mandatory arbitration.

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Proposed Senate Bill Would Void Workplace Sexual Harassment Arbitration Provisions

By Beth Graham - December 19, 2017
Earlier this month, United States Senators Kirsten Gillibrand and Lindsey Graham introduced bipartisan legislation that would prohibit employers from requiring workers who suffer sexual harassment to arbitrate their claims. 

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Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act

By Beth Graham - October 11, 2017
Professor Linda S. Mullenix, Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Action Waivers in Employment Contracts: The Clash between the National Labor Relations Act and the Federal Arbitration Act,” 1 Preview of United States Supreme Court Cases 13 (Oct. 2, 2017); U of Texas Law, Public Law Research Paper No. 577. 

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W. D. of Pennsylvania Addresses Optional Appeal to Second Arbitration Tribunal

By Mark Kantor - August 23, 2017
It is very rare to see a court decision addressing whether an optional appeal to a second arbitration tribunal is available under the applicable arbitration agreement and arbitration rules to a party disappointed by a first tribunal’s arbitration award. 

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Delegating Procedure

By Beth Graham - August 1, 2017
Matthew A. Shapiro, Associate in Law at Columbia Law School, has published “Delegating Procedure,” Columbia Law Review, Forthcoming.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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