Eliminating the Mandatory Trade-Off: Should Employees Have the Right to Choose Arbitration

M Peabody - Pepp. Disp. Resol. LJ, 2000 - HeinOnline
Facing the rising costs and time commitments required to respond to employment litigation,
California employers have joined the national trend in turning to Alternative Dispute …

Ending a mud bowl: Defining arbitration's finality through functional analysis

AJ Schmitz - Ga. L. Rev., 2002 - HeinOnline
Return to Super Bowl, Green Bay Press-Gazette, Jan. 12, 1998, available at http://
greenbaypressgazette. packer9news. com/978eason/v49ers0111M 12defe. shtml …

[PDF][PDF] Employment arbitration: Empirical findings and research needs

A Colvin - 2009 - ecommons.cornell.edu
[Excerpt] There is vociferous opposition to employers forcing pre-dispute arbitration
agreements on employees. Critics argue that employees are not voluntary participants in the …

Advisory Labor Arbitration under New York Law: Does It Have a Place in Employment Law

MH Rubinstein - . John's L. Rev., 2005 - HeinOnline
Senior Counsel, New York State United Teachers, a labor union affiliated with the American
Federation of Teachers and the AFL-CIO; Adjunct Professor of Law, St. John's University …

Employment arbitration reform: Preserving the right to class proceedings in workplace disputes

JJ Castro - U. Mich. JL Reform, 2014 - HeinOnline
At the intersection of federal arbitration and labor law lies a criti-cal question: To what extent
do class waivers in predispute arbitration agreements affect-or rather, constrain-the …

[PDF][PDF] High Court to Revisit Issue Of Mandatory Arbitration

JM Javits, FT Coleman - Nat'l LJ, 1998 - joshuajavits.com
WHEN IT BEGINS its fall term, the US Supreme Court will address the circumstances under
which an agreement to arbitrate an employment dispute may be binding. The specific issue …

What Ethical & Strategic Employers Should Do About Arbitration

DB Thompson, SA Supina - Va. L. & Bus. Rev., 2020 - HeinOnline
ABSTRACT Recent Supreme Court jurisprudence on arbitration presents signficant
obstacles to the protection of employee rights and interests. In this Article, the authors …

Alternatives to Mainstream Alternative Dispute Resolution: Eliminating Forced Arbitration Agreements as a Condition of Employment

AM Lofaso, AM Stephens - Utah L. Rev., 2022 - HeinOnline
Today, many employers require their employees, as a condition of employment, to agree to
arbitrate employment-related legal claims rather than pursue them in court. While arbitration …

Going Dutch: Should Employees Have to Split the Costs of Arbitration in Disputes Arising from Mandatory Employment Arbitration Agreements-Morrison v. Circuit City …

JF Crawford - J. Disp. Resol., 2004 - HeinOnline
Employers often require their employees to sign arbitration agreements as a condition of
employment, obligating employees to submit their disputes with employers to binding …

The Future of Collective Employment Arbitration: Reconciling the FAA with the NLRA, FLSA, & Other Federal Rights

MJ Kolodoski, J Forester - Tex. J. on CL & CR, 2016 - HeinOnline
The Supreme Court granted certiorari in January 2017 in three consolidated cases to
resolve a recent and important issue on which federal circuit courts had split. At issue is …