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Archived articles from October 2017

10 articles found

The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence

By Beth Graham - October 26, 2017
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) - School of Law, has published “The Bold Ambition of Justice Scalia's Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41.

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Senate Narrowly Votes to Rescind New CFPB Arbitration Rule

By Beth Graham - October 25, 2017
The Vice President has cast a tie-breaking vote in the United States Senate to rescind a new Consumer Financial Protection Bureau (“CFPB”) rule that prohibits most financial service providers such as banks and credit card issuers from requiring consumers to sign mandatory arbitration agreements barring class-action lawsuits.

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Legal Battle Continues After Arbitrator Upholds Suspension of Dallas Cowboys Running Back

By Beth Graham - October 23, 2017
The legal saga over a National Football League (“NFL”) running back’s controversial six-game suspension has continued on in various federal courts. 

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How the Supreme Court’s Misconstruction of the FAA Has Affected Consumers

By Beth Graham - October 19, 2017
Professor Margaret L. Moses, Director of the International Law and Practice Program at the Loyola University Chicago School of Law, has published “How the Supreme Court's Misconstruction of the FAA Has Affected Consumers,” Forthcoming, Loyola Consumer Law Review, Vol 30, 2017. 

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SCOTUS Denies Cert. in Texas Ponzi Scheme Case

By Beth Graham - October 13, 2017
On Tuesday, the Supreme Court of the United States denied a petition for certiorari that was filed by a group of former Ponzi scheme financial advisers.

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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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New Treasury Department Report Recommends SEC Allow Shareholder Arbitration

By Beth Graham - October 10, 2017
Last week, the United States Department of the Treasury issued a new report that calls for easing a variety of financial market rules.  The report titled “A Financial System That Creates Economic Opportunities Capital Markets” was prepared in response to Executive Order 13772, which was issued in early February.

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Fifth Circuit Holds Court Lacks Appellate Jurisdiction Over Arbitration Order

By Beth Graham - October 4, 2017
The Fifth Circuit Court of Appeals has dismissed an appeal that was filed over a lower court’s order compelling arbitration due to lack of appellate jurisdiction.

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Agreeing to Collaborate in Advance?

By Beth Graham - October 3, 2017
Kristen Blankley, Associate Professor of Law at the University of Nebraska College of Law, has published “Agreeing to Collaborate in Advance?,” Ohio State Journal on Dispute Resolution, Vol. 32, No. 4, 2017. 

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SCOTUS to Consider Murphy Oil, Epic Systems, and Ernst & Young Today

By Beth Graham - October 2, 2017
Today, the United States Supreme Court will hear oral argument regarding whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.  

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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.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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