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All articles tagged '"mandatory arbitration clauses"'
25 articles found
CFPB Director Pens NYT Op-Ed Addressing New Rule Against Mandatory Arbitration Agreements that Ban Class-Actions
By Beth Graham - August 24, 2017
On Tuesday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray published an opinion piece in the New York Times in response to recent attempts by lawmakers to repeal a new CFPB arbitration rule.
The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts
By Beth Graham - March 8, 2017
James P. Nehf, Professor of Law and Cleon H. Foust Fellow at Indiana University’s Robert H. McKinney School of Law, has published “The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts,” 85 Geo. Wash. Law Review (2017).
Regulating Forced Arbitration in Consumer Financial Services
By Beth Graham - June 20, 2016
Professor Martha McCluskey, University at Buffalo Law School, State University of New York, Professor Thomas McGarity, University of Texas School of Law, Professor Sidney Shapiro, Wake Forest University School of Law, James Goodwin, Senior Policy Analyst at the Center for Progressive Reform, and Mollie Rosenzweig, Policy Analyst at the Center for Progressive Reform, have published a timely report entitled, “Regulating Forced Arbitration in Consum
Consumer Financial Protection Bureau Proposal Would Ban Mandatory Arbitration Provisions in Most Financial Contracts
By Beth Graham - May 10, 2016
The Consumer Financial Protection Bureau (“CFPB”) has proposed a plan to ban mandatory arbitration provisions in most consumer contracts entered into with banking institutions and credit card companies.
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.
Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses
By Beth Graham - April 27, 2015
Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology at Northeastern University, recently published “Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses,” Case Western Reserve Law Review, Vol. 65, p. 341, 2014; Suffolk University Law School Research Paper No. 15-18.
Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection
By Beth Graham - October 13, 2014
Jean R. Sternlight, Director of the Saltman Center for Conflict Resolution and Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law has authored Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection, Brooklyn Law Review, Vol. 80, 2015, Forthcoming.
The ‘Circle of Assent’ Doctrine and the Mandatory Pre-Dispute Arbitration Clause
By Beth Graham - March 6, 2014
Paul Bennett Marrow, Adjunct Professor of Law at New York Law School, and Craig E. Penn, Attorney at Penn & Associates, recently published The 'Circle of Assent' Doctrine and the Mandatory Pre-Dispute Arbitration Clause: When the Unconscionable Contract Analysis Just Won't Do, Dispute Resolution Journal, Vol. 68, No. 3, 2013.
Arbitration and Access to Justice: Economic Analysis
By Beth Graham - April 26, 2013
In a recent paper entitled "Arbitration and Access to Justice: Economic Analysis", University of Chicago Law School Professor Omri Ben-Shahar argues that mandatory arbitration clauses in contracts generally benefit most consumers. He also states that limiting access to arbitration in favor of a courtroom often provides an advantage to only the most elite consumers.
Concerted Action Includes Concerted Dispute Resolution
By Beth Graham - April 10, 2013
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.
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