In a motion to dismiss the case, the league claims player safety has always been a top priority. According to league officials, the case should be submitted to binding arbitration pursuant to the players’ collective bargaining agreement.

Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.

Seton Hall Public Law Research Paper No. The Board’s articulation of labor law rights ordinarily is entitled to judicial deference. The Horton question will force the Court to confront the collision between what it says and what it does.

The following is part 2 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Though attitudes may have changed since the 1997 Fortune 1,000 corporate counsel survey, systems seem to have remained ingrained in business culture which has prevented an overall acceptance of ADR processes.