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.
April 15, 2024 News & Commentary The Supreme Court ruled in favor of bakery delivery drivers in an exemption from mandatory arbitration case; A Teamsters Local ends its 18-month strike by accepting settlement payments and agreeing to dissolve
March 28, 2024 News & Commentary Wisconsin Supreme Court lets ruling stand that held Amazon drivers are employees; Phoenix passes heat protection ordinance for workers; DOL finds child labor violations at Tennessee manufacturing facility; and Washington enacts worker protections for strip club dancers.
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.
February 21, 2024 News & Commentary SCOTUS heard oral arguments on the FAA exemption involving transportation workers; Fifth Circuit allowed SpaceX's lawsuit challenging the NLRB to stay in Texas.
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.
January 17, 2024 News & Commentary The U.S. Supreme Court rejected Alaska’s appeal on a policy to allow workers to opt-out of paying union dues, the Center for American Progress highlights ways to increase union membership, and local unions hold out on endorsing Biden’s reelection.
Glacier Northwest Postscript Shows How Right Justice Jackson Was Andrew Strom on the aftermath of Glacier Northwest and Justice Jackson's prescient dissent.