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Archived articles from December 2016
11 articles found
Empirical Findings on International Arbitration: An Overview
By Beth Graham - December 30, 2016
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, has published a chapter in the Oxford Handbook on International Arbitration (Forthcoming).
Nevada’s Foreclosure Mediation Program Set to End
By Beth Graham - December 28, 2016
In 2009, the Nevada Legislature launched a foreclosure mediation program in response to an ongoing housing crisis during which many homeowners across the state unexpectedly found that they owed more than their home was worth.
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - December 22, 2016
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan for employees containing a class and collective action waiver was unlawful because such provisions are an unfair labor practice under Section 7 of the National Labor Relations Act ("NLRA"), which protects the right of employees to act in concert.
NLRB Trend Citing Murphy Oil in Class Waiver Cases Continues
By Beth Graham - December 21, 2016
Late last month, a National Labor Relations Board (“NLRB”) administrative law judge issued an order in Private National Mortgage Acceptance Co., LLC and Richard Smigelski, No. 20-ca-170020 (November 29, 2016).
French Court Finds IMF Chief Negligent for Failing to Appeal Arbitration Award
By Beth Graham - December 20, 2016
On Monday, current International Monetary Fund (“IMF”) chief Christine Lagarde was reportedly convicted of negligence related to a controversial arbitration award that was paid while she was France's finance minister.
NLRB Continues to Assert Class Waivers in Employment Agreements Violate the NLRA
By Beth Graham - December 20, 2016
The National Labor Relations Board (“NLRB”) is at it again. In Service Employees Int’l Union v. Montecito Heights Healthcare & Wellness Centre, LP, No. 31-CA-129747 (November 30, 2016), an NLRB administrative law judge ruled that a California-based nursing home maintained an illegal voluntary arbitration policy that asked workers to waive their right to engage in collective action in violation of the National Labor Relations Act (“NLRA”).
Inside the Arbitrator’s Mind
By Beth Graham - December 19, 2016
Susan D. Franck, Professor of Law at American University - Washington College of Law, Anne van Aaken, University of St. Gallen - Law Department and Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods, James Freda, attorney and diplomat at the United Nations, Chris Guthrie, Dean and John Wade-Kent Syverud Professor of Law at Vanderbilt University - Law School, and Jeffrey J. Rachlinski, He
5th Circuit Overturns NLRB Yet Again in Class Arbitration Waiver Case
By Beth Graham - December 16, 2016
The nation’s Fifth Circuit Court of Appeals has overturned a National Labor Relations Board (“NLRB) decision directing banking giant Citigroup to remove the class arbitration waiver included in the company’s employment contracts.
NLRB Judge Rules Houston-Based Restaurant Chain’s Collective Action Ban Violates NLRA
By Beth Graham - December 15, 2016
Last week, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a Houston-based restaurant chain violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it required workers to sign a mandatory arbitration agreement that included a collective action waiver.
Class Actions and Executive Power
By Beth Graham - December 12, 2016
Zachary D. Clopton, Assistant Professor of Law at Cornell Law School, has published “Class Actions and Executive Power,” New York University Law Review, Forthcoming; Cornell Legal Studies Research Paper No. 16-44.
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