That's the question asked by law professor Ann Hodges in Trilogy Redux: Using Arbitration to Rebuild the Labor Movement. Here is the abstract: The Supreme Court is in the midst of a revolution in arbitration jurisprudence comparable to that reflected in the Steelworkers Trilogy in 1960. While the Trilogy was hailed as a major accomplishment […]
Author Archives: Brian Wolfman
Health insurers that were originally wary of participating in the Affordable Care Act's "exchanges" now are changing their tune, seeing the Act as an opportunity for new business, as explained in this article by Reed Abelson.
Scott noted earlier today that the California Supreme Court will hear a case posing the following question: Is a payday lender that is formally owned by a Native American tribe but run by a third-party who keeps most of the proceeds protected by tribal sovereign immunity? So, the U.S. Supreme Court just this morning issued […]
Check out this report on the relationship between corporate executive pay and worker pay, and then read this article on the topic by David Lazarus, who points out that the salary of the CEO of CVS Caremark last year was 422 times the median wage of a CVS employee.
Remember the Credit Card Accountability Responsibility and Disclosure Act of 2009 (better known as the CARD Act)? The CARD Act made it more difficult for credit card companies to retroactively increase rates on existing balances or to impose large late fees, and it drastically curbed overlimit fees. The Act also sought to force credit card […]
We have discussed the increasing use by companies of non-disparagement clauses in take-it-or-leave-it consumer contracts, where the consumer "agrees" not to say anything critical of a company from which it buys something Go, for instance, here, discussing the use of these clauses in mortgage loan-modification contracts. And we have discussed repeatedly (go, for instance, here […]
That's the topic of The Deterrent Effect of Tort Law: Evidence from Medical Malpractice Reform by profs Zenon Zabinski and Bernard Black. Here is the abstract: A principal goal of tort law is to deter negligent behavior, but there is limited empirical evidence on whether it does so. We study that question for medical malpractice […]
The Pew Research Center has just issued a report called Young Adults, Student Debt and Economic Well-Being. Among other things, it finds that Student debt burdens are weighing on the economic fortunes of younger Americans, as households headed by young adults owing student debt lag far behind their peers in terms of wealth accumulation, according […]
That's what law professor Michael Selmi is talking about in his new article, The Obama Administration's Civil Rights Record: The Difference an Administration Makes. Here is the abstract: This essay reviews the Obama Administration’s civil rights record during its first Administration, with a particular focus on the Civil Rights Division of the Department of Justice […]
Note: This item is reposted from yesterday. I screwed up the link to Adam Levitin's essay in the original link. The link has now been repaired, and I want to make sure that our readers have a chance to read the essay. "Mandatory Arbitration Offers Bargain-Basement Justice." That's the name of this thoughtul essay by […]