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All articles tagged '"Justice Scalia"'
7 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.
The Unwritten Federal Arbitration Act
By Beth Graham - November 3, 2016
Anthony J. Sebok, Professor of Law at Yeshiva University - Benjamin N. Cardozo School of Law, has published an interesting journal article entitled “The Unwritten Federal Arbitration Act,” DePaul Law Review, Vol. 65, 2016: Cardozo Legal Studies Research Paper No. 505.
Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law
By Beth Graham - July 12, 2016
David S. Schwartz, Foley & Lardner Bascom Professor of Law at the University of Wisconsin Law School, has published “Justice Scalia's Jiggery-Pokery in Federal Arbitration Law,” Minnesota Law Review, Vol. 101, Headnotes 75 (2016); Univ. of Wisconsin Legal Studies Research Paper No. 1387.
U.S. Supreme Court Decides American Express v. Italian Colors
By Beth Graham - June 20, 2013
Today, the United States Supreme Court issued an opinion in American Express v. Italian Colors Restaurant, No. 12-133 (June 20, 2013).
GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 26, 2011
By S.I. Strong Interestingly, it is the dissent, rather than the majority, that takes Stolt-Nielsen’s lesson of intent fully into account. Thus, Justice Breyer states that earlier Supreme Court precedent “cautioned against thinking that Congress’ primary objective was to guarantee . . . particular procedural advantages. Rather, that primary objective [of the FAA] was to secure the ‘enforcement’ of agreements to arbitrate.” AT&T, 131 S.
GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 24, 2011
By S.I. Strong AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), always promised to be an interesting case. Not only did the dispute concern class arbitration, one of the most controversial procedural devices to develop in recent years, it did so in a way that set corporate interests squarely against states’ rights. Given that several Supreme Court Justices who are perceived as supporting big business also appear to favor federalist cau
GUEST-POST | Rent-a-Center, West, Inc. v. Jackson and the Ongoing Assault on Party Autonomy
By Victoria VanBuren - June 23, 2010
By James M. Gaitis With the issuance of the United States Supreme Court’s decision in Rent-a-Center, West, Inc. v. Jackson, the foundational principle of party autonomy in arbitration has suffered yet another blow. In essence, and as was fairly and pejoratively described in what may well be Justice Stevens’ last opinion (dissenting, as it was), the majority’s “breezy” and “fantastic” decision in Rent-a-Center, West decrees that that even when a s
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