Compulsory arbitration of statutory employment disputes: judicial review without judicial reformation
Article Abstract:
Stricter judicial review of mandatory arbitration of statutory employment disputes would make arbitration a more acceptable form of conflict resolution for employees by ensuring its impartiality. Mandatory arbitration clauses, which require employees to use arbitration rather than litigation to settle discrimination and other employment-related claims, are increasingly becoming standard. However, mandatory arbitration is also criticized as a threat to statutory employment rights. Broader judicial review to ensure arbitral impartiality would help alleviate this fear.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1999
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Advice, consent, and senate inaction - is judicial resolution possible?
Article Abstract:
The judicial branch of the US government should be able to intervene in the process of appointing federal judges to vacant seats when the Senate refuses to consider nominees proposed by the President. The amount of vacancies and the growing court backlog in 1998 threaten to weaken the viability of the judiciary. Senate delay violates the doctrine of separation of powers. The judiciary should act to correct the Senate's refusal to fulfill its constitutional obligations even though the judiciary may be politically attacked for intervening.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1998
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Protecting students against peer sexual harassment: Congress's constitutional powers to pass Title IX
Article Abstract:
Whether Title IX authorizes a private cause of action for sexual harassment of students by their peers is controversial. Two suits alleged that school officials were liable for responding inadequately to peer sexual harassment among students. Both suits were dismissed on grounds that Title IX, enacted pursuant to the Spending Clause, does not authorize that cause of action. Both dismissals were erroneous because Title IX was a proper 14th Amendment-based abrogation of state sovereign immunity.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1999
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- Abstracts: Employment law after Gilmer: compulsory arbitration of statutory antidiscrimination rights. Assessing attitudes and beliefs; employment cases stir jurors' emotions
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- Abstracts: Creating competition policy: Betty Bock and the development of antitrust institutions. The quality of appointments and the capability of the Federal Trade Commission
- Abstracts: "Workers' contracts" under the United States Arbitration Act: an essay in historical clarification. Capturing volition itself: employee involvement and the TEAM Act
- Abstracts: Contract and jurisdiction. Hands off! Civil court involvement in conflicts over religious property. Virtual civil litigation: a visit to John Bunyan's celestial city