Two developments frame this discussion: the demise of negotiated contracts as the
predicate to enforcing arbitration obligations under the Federal Arbitration Act and the …

Gerry Handley faced years of blatant race-based harassment before he filed a complaint
against his employer: racist jokes, signs reading “KKK” in his work area, and even questions …

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 …

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 …

Every contemporary American lawyer who has engaged in litigation is familiar with the now
fifty-four-volume treatise, Federal Practice and Procedure. 1 Both of that treatise's named …

Arbitration and litigation provide legally binding resolution of disputes without the need for a
post-dispute agreement between the parties. Indeed, for parties that do not yet, and may …

Last fall, as the presidential election campaign raced to a conclusion, the New Republic
reported that Murray Energy, a large coal mining company," ha [d] for years pressured …

Is mandatory arbitration fair?'The question has risen to the forefront of a fifteen-year
academic debate that for the first time may have imminent policy implications. Under a series …

When courts enforce mandates to arbitrate, jurists describe themselves as re-specting the
individuals' autonomy to enter into contracts that route claimants to a process that is more …

Contract law has lost its way. Designed to allow people to agree, it has over time become a
means for large businesses to unilaterally impose terms and conditions on others. In large …