Disarming employees: How American employers are using mandatory arbitration to deprive workers of legal protection

JR Sternlight - Brook. L. Rev., 2014 - HeinOnline
Congress and state legislatures have passed many laws to protect American workers, 2 but
these laws are worthless if they cannot be enforced. In the United States we have largely …

After the revolution: an empirical study of consumer arbitration

D Horton, AC Chandrasekher - Geo. LJ, 2015 - HeinOnline
Consider three recent cases filed by consumers against large companies. John Feeney
accused a computer manufacturer of charging tens of thousands of its customers an illegal …

Mandatory binding arbitration clauses prevent consumers from presenting procedurally difficult claims

JR Sternlight - Sw. L. REv., 2012 - HeinOnline
The longstanding debate over the benefits and detriments of mandatory arbitration in the
consumer context has often focused on the wrong issue. Although we have now argued for …

The Three Phases of the Supreme Court's Arbitration Jurisprudence: Empowering the Already-Empowered

MH Malin - Nev. LJ, 2016 - HeinOnline
" Arbitration Everywhere, Stacking the Deck of Justice" screamed the headline of the
opening article of a three-part series in the New York Times in October 2015.1 The article …

The centrist case for enforcing adhesive arbitration agreements

SJ Ware - Harv. Negot. L. Rev., 2017 - HeinOnline
Litigation is the default process of dispute resolution in the United States. Parties can
contract into alternative processes of dispute resolution-such as arbitration-but if they do not …

Is Adjudication a Public Good: Overcrowded Courts and the Private Sector Alternative of Arbitration

SJ Ware - Cardozo J. Conflict Resol., 2012 - HeinOnline
Courts are underfunded, dockets are crowded, and litigation is slow. These observations
lead many lawyers and judges to call for increased court funding. While I would like to see a …

The Evolution and Decline of the Effective-Vindication Doctrine in US Arbitration Law

O Chukwumerije - Pepp. Disp. Resol. LJ, 2014 - HeinOnline
This Article evaluates the role of the effective-vindication doctrine in US arbitration law.
Conceived as a means of ensuring that arbitration is an effective mechanism for vindicating …

Antitrust Arbitration and Illinois Brick

MA Lemley, CR Leslie - Iowa L. Rev., 2014 - HeinOnline
For nearly 40 years, since the Supreme Court decision in Illinois Brick, federal antitrust law
has prevented indirect purchasers from complaining of overcharges caused by antitrust …

What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims

AR Levinson - U. Mich. JL Reform, 2012 - HeinOnline
Equal access to justice is one of the fundamental bases upon which our legal system is
founded. Ever since the Supreme Court's 1991 decision in Gilrmer v. Interstate/Johnson …

Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses

TH Koenig, ML Rustad - Case W. Res. L. Rev., 2014 - HeinOnline
Our systematic examination of 329 of the world's largest social media providers reveals that
29 percent of these providers require users to submit to predispute mandatory arbitration as …