Can Issue Preclusion Approximate Class Arbitration? Darin Dalmat on using issue preclusion as a strategy to approximate class arbitration.
Muldrow v. City of St. Louis: The Title VII Balancing Act Dallas Estes on the Supreme Court's Title VII decision in Muldrow v. City of St. Louis.
When Courts Review Agency Decisions, the Legal Standard May not Matter That Much Andrew Strom on two appellate courts' recent failures to defer to NLRB decisions.
At the Supreme Court, Will Bad History Lead to More Forced Arbitration? Andrew Strom on the recent oral arguments in Bissonnette and the Court's bad history of interpreting the Federal Arbitration Act.
Glacier: Do Hypothetical Facts Make Hypothetical Law? Darin Dalmat on Glacier Northwest's hypothetical fact pattern, and the Court's recent eagerness to resolve imagined disputes.
Glacier Northwest Postscript Shows How Right Justice Jackson Was Andrew Strom on the aftermath of Glacier Northwest and Justice Jackson's prescient dissent.
Let Them Deliver Cake? The Supreme Court, Bakery Drivers, and the Federal Arbitration Act Gwen Byrne on the Supreme Court's upcoming case in Bissonnette v LePage Bakeries.
Judicial Review of NLRB Orders in a Post-Chevron World — Part IV In Part IV of a four-part series, Darin Dalmat sketches a vision of post-Chevron review of Board orders.
Legislating Work and Childcare After Dobbs Ellie Samuels on America's failing childcare system post-Dobbs.
Judicial Review of NLRB Orders in a Post-Chevron World — Part III In Part III of a four-part series, Darin Dalmat dives into work and limits of Chevron deference to the Board.
