Remedies and Respect: Rethinking the Role of Federal Judicial Relief

R Bayefsky - Geo. LJ, 2020 - HeinOnline
"[W] e're real people here and we're not worth dirt," declared a plaintiff bringing suit against
an insurance company.'" People should have dignity in their lives," one medical malpractice …

Distributing civil justice

MA Shapiro - Geo. LJ, 2020 - HeinOnline
With growing economic inequality,'questions of distributive justice have become increasingly
prominent in legal scholarship, particularly public law scholarship. 2 Civil procedure …

The Oligarchic Courthouse: Jurisdiction, Corporate Power, and Democratic Decline

H Hershkoff, L Norris - Mich. L. Rev., 2023 - HeinOnline
Marc Galanter's essay, Why the" Haves" Come Out Ahead,'is one of the most cited pieces in
legal scholarship. 2 As is well-known, Galanter explained how repeat litigation players …

Pirate Arbitration

D Horton - Minn. L. Rev., 2021 - HeinOnline
In August 2019, Ava Teverbaugh filed a motion to confirm an arbitration award in federal
court in Illinois.'Teverbaugh alleged that she had prevailed on a claim against her mortgage …

Boilerplate Indignity

E Encarnacion - Ind. LJ, 2019 - HeinOnline
In AT&T Mobility LLC v. Concepcion, consumers tried to form a class to sue AT&T for
fraudulently charging taxes on cell phones advertised as" free." 1 But there was a problem …

Populist Constitutionalism

A Bernstein, G Staszewski - NCL Rev., 2022 - HeinOnline
" Who decides?" 1 So Justice Neil Gorsuch asked as the pandemic-era Supreme Court
enjoined a regulation requiring employee COVID-19 vaccination or testing. 2 His concurring …

Franchises, Consumers, and Employees: Choice and Arbitration

RW Emerson, ZR Hunt - Wm. & Mary Bus. L. Rev., 2021 - HeinOnline
Commentators and lawmakers have called attention to the rising frequency of contractual
arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual …

What do consumers understand about predispute arbitration agreements? an empirical investigation

R Sommers - Plos one, 2024 - journals.plos.org
The results of a survey of 1,071 adults in the United States reveal that most consumers do
not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast …

Unconscionability as a Sword

B Williams - California Law Review, 2019 - JSTOR
Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach,
consumers need an arsenal of effective remedies. To that end, the doctrine of …

Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions

RN Morrow - SMU L. Rev., 2021 - HeinOnline
Employers impose coercive dispute resolution terms on their employees more frequently,
more broadly, and with greater legal success than ever before. Recent survey data indicates …