Bissonnette and the Future of Federal Arbitration
The Court delivers a victory for truck-drivers and other transportation workers.
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
The Supreme Court holds that, under federal law, truckers cannot be compelled to arbitrate.
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
Recent research suggests mandatory arbitration clauses have undermined employment rights.
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
Critics of CFPB’s arbitration rule are wrong about who bears the harms of forced arbitration.
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
Supreme Court holds that states cannot adopt rules disfavoring arbitration agreements.
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
Controversial rule promotes personal care and bars forced arbitration in long-term health care.