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All articles tagged '"Federal Arbitration Act"'
84 articles found
Circuit Split Over Collective Action Waivers in Employer’s Arbitration Agreement Continues to Widen
By Beth Graham - August 24, 2016
On Monday, the Ninth Circuit Court of Appeals ruled in a published opinion that a class action waiver included in an employer’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) and California law.
A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
By Beth Graham - June 9, 2016
Kristen Blankley, Assistant Professor of Law at the University of Nebraska College of Law, has published a thought-provoking paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Vol. 23, No. 3, 2016.
Lawsuit Challenging the Department of Labor’s Ban on Class Action Waivers in Arbitration Filed in N. D. Texas
By Beth Graham - June 2, 2016
Yesterday, the Chamber of Commerce of the United States of America, the Securities Industry and Financial Markets Association, the Texas Association of Business, and a number of other organizations filed a lawsuit over the U. S. Department of Labor’s regulations regarding fiduciary conflict of interest rules for retirement plans.
The Arbitration Bootstrap
By Beth Graham - May 6, 2016
Christopher R. Leslie, Chancellor’s Professor of Law at the University of California, Irvine School of Law has published “The Arbitration Bootstrap,” Texas Law Review, Vol. 94, No. 2, 2015; UC Irvine School of Law Research Paper No. 2016-19. In his paper, Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.
How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down
By Beth Graham - April 7, 2016
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at the Loyola University New Orleans College of Law, has published “Directv, Inc. v. Imburgia: How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down,” 32 Ohio State Journal on Dispute Resolution, 1, 2016, Forthcoming.
U.S. Supreme Court Upholds Class-Arbitration Waiver in DirecTV Consumer Dispute
By Beth Graham - December 16, 2015
The United States Supreme Court has upheld an arbitration clause that bars satellite television consumers from engaging in collective action against the service provider.
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
By Beth Graham - May 12, 2015
Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has published “Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights,” 124 Yale Law Journal 2015. In her article, Professor Resnik provides a different perspective regarding the effect recent Supreme Court precedent pertaining to class waivers has had on arbitration in the United States.
A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
By Beth Graham - April 7, 2015
Assistant Professor of Law Kristen Blankley, University of Nebraska College of Law, has published a thoughtful paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Forthcoming.
Arbitration and Americanization: The Paternalism of Progressive Procedural Reform
By Beth Graham - March 30, 2015
Amalia D. Kessler, Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor (by courtesy) of History at Stanford University, has authored “Arbitration and Americanization: The Paternalism of Progressive Procedural Reform,” Yale Law Journal, 2015 Forthcoming; Stanford Public Law Working Paper No. 2586550.
Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws
By Beth Graham - March 5, 2015
Ann M. Lipton, Visiting Assistant Professor of Law at Duke University School of Law has published "Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws," 104 Georgetown Law Journal __, Forthcoming.
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