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All articles tagged '"Supreme Court"'
379 articles found
The Uberization of Arbitration Clauses
By Beth Graham - June 2, 2017
Professor Jill I. Gross, Elisabeth Haub School of Law at Pace University, has published “The Uberization of Arbitration Clauses,” Penn State Yearbook on Arbitration and Mediation, Forthcoming.
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - December 22, 2016
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan for employees containing a class and collective action waiver was unlawful because such provisions are an unfair labor practice under Section 7 of the National Labor Relations Act ("NLRA"), which protects the right of employees to act in concert.
Class Actions and Executive Power
By Beth Graham - December 12, 2016
Zachary D. Clopton, Assistant Professor of Law at Cornell Law School, has published “Class Actions and Executive Power,” New York University Law Review, Forthcoming; Cornell Legal Studies Research Paper No. 16-44.
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.
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.
Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute
By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.
9th Circuit botches another arbitration case
By Beth Graham - March 24, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.”
Ninth Circuit Considers Class Action Waiver in Arbitration Agreement Signed by Ernst & Young Workers
By Beth Graham - December 7, 2015
In November, the Ninth Circuit Court of Appeals heard oral arguments in Morris v. Ernst & Young, No. 13-16599.
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - November 25, 2015
The issue of mandatory arbitration of employment and consumer disputes continues to be controversial. The principal bone of contention appears to be the requirement that the employee or consumer waive the right to participate in class or collective actions, so that his or her sole recourse is the pursuit of individual claims in arbitration.
Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute
By Beth Graham - June 10, 2015
Disputing would like to invite you to check out Liz Kramer’s recent blog post entitled “Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute.”
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