July 16, 2013

Call for Papers – Forced Arbitration in the Workplace

By Art Hinshaw

Jean Sternlight passes this along this call for papers for what looks like an interesting symposium.

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 Forced Arbitration In The Workplace: A Symposium

About the Symposium 

The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) will be holding a symposium on February 27, 2014 at the University of California, Berkeley School of Law to examine forced arbitration of employment disputes and to explore the impact of this phenomenon on workplace rights. The goal of this symposium is to bring together academics, practitioners, and others in the legal community to engage in a
thoughtful dialogue and help raise awareness about forced arbitration of workplace disputes.

Call for Papers

We invite paper submissions related to forced arbitration of workplace disputes. Authors whose papers are selected will be published in the Spring 2014 issue of the Berkeley Journal of Employment and Labor Law and will be invited to present their work at the 2014 BJELL/Institute Symposium at Berkeley Law.

Invited Topics:

The symposium’s subject matter will include, but is not limited to, the following issues:

Practical Considerations

o Class action waivers and class arbitration, including emerging issues around American Express Co. v. Italian Colors Restaurant; AT&T Mobility, LLC v. Concepcion, and D.R. Horton, Inc. v. National
Labor Relations Board
;

o Legal developments on enforcing or invalidating forced arbitration clauses, particularly the “vindication of statutory rights” analysis in light of American Express Co. v. Italian Colors Restaurant; and

o Strategic and practical considerations for employees who are forced to arbitrate workplace claims.

Theoretical Framework

o Impact of arbitration law on contract law or preemption doctrines;

o Application of ethical rules to arbitrations and arbitrators; and

o Historical perspectives on the Federal Arbitration Act and its savings clause.

Empirical Research Areas

o Outcomes of employment arbitration across the country;

o Survey of applicable procedural rules, discovery, and other motions in arbitration; and

o Variations across arbitration providers regarding any of the above topics.

Submissions Process

If you are interested in participating in the 2014 BJELL/Institute Symposium, please submit first draft of papers with a target
length of 6,000 words or 18-20 pages double-spaced no later than October 31, 2013 to bjell@law.berkeley.edu. For those first drafts chosen for publication, final drafts will be due on January 3, 2014. Abstracts and proposals will
not be considered. Manuscripts should conform to correct Bluebook style (latest edition), and all notes should appear as footnotes. The Berkeley Journal of Employment & Labor Law follows the American Philosophical Association’s guidelines for non-sexist use of language.

If you have any questions about the submissions process, please contact bjell@law.berkeley.edu.

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