arbitration

The Supreme Court’s Doublethink on Arbitration and Administration

The Supreme Court’s Doublethink on Arbitration and Administration

Conservative justices embrace delegation to arbitration panels while questioning administrative process.

Transportation Workers Can Avoid Arbitration

Transportation Workers Can Avoid Arbitration

The Supreme Court holds that, under federal law, truckers cannot be compelled to arbitrate.

Inconsistent Views on Waiving Rights in Employment

Inconsistent Views on Waiving Rights in Employment

The Court has set two different standards for when employees can waive their workplace rights.

The Rise of Arbitration and the Fall of Employment Claims

The Rise of Arbitration and the Fall of Employment Claims

Recent research suggests mandatory arbitration clauses have undermined employment rights.

The Dangerous Consequences of Repealing the CFPB’s Arbitration Rule

The Dangerous Consequences of Repealing the CFPB’s Arbitration Rule

Without the possibility of class action lawsuits, consumers are now more vulnerable to corporate fraud.

Repeal of Mandatory Arbitration Ban Is a Wall Street Giveaway

Repeal of Mandatory Arbitration Ban Is a Wall Street Giveaway

Critics of CFPB’s arbitration rule are wrong about who bears the harms of forced arbitration.

The CFPB’s Final Arbitration Rule Run Amok

The CFPB’s Final Arbitration Rule Run Amok

New rule will raise costs, harming businesses, consumers, and the court system.

Equal Footing as Equal Protection

Equal Footing as Equal Protection

Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.

The Supreme Court’s 2016–2017 Regulatory Term

The Supreme Court’s 2016–2017 Regulatory Term

Legal scholars and practitioners analyze the Court’s most important regulatory decisions of this past term.

Encouraging Customization and Courtroom Claims in Long-term Care

Encouraging Customization and Courtroom Claims in Long-term Care

Controversial rule promotes personal care and bars forced arbitration in long-term health care.