The Employment Due Process Protocol at Ten: Twenty Unresolved Issues, and a Focus on Conflicts of Interest

Published in cooperation with the American Bar Association Section of Dispute Resolutio

A Data-Driven Snapshot of Labor and Employment Law Professors

This Article provides a data-driven snapshot of the law school faculty members who teach Labor and Employment Law. Among its findings are the following: The teaching of Labor Law is declining and the teaching of Employment Law is rising. Men dominate the teaching of Labor Law, but women have mostly narrowed the gap in Employment Law. The other courses taught by Labor and Employment Law faculty members are highly sex-segregated. For example, Employment Law faculty members who also teach Family Law or Property are overwhelmingly likely to be women, and Employment Law faculty members who also teach Constitutional Law, Civil Procedure, or Contracts are overwhelmingly likely to be men. Both Labor and Employment Law faculty members are more prevalent in top-tier law schools than in bottom-tier law schools; in the Great Lakes, Northeast, and Midsouth regions than in other regions of the country; and in large metropolitan areas than in rural areas

Ethical Problems in Class Arbitration

This article examines two significant conflicts of interest that arise in class arbitration in six parts. Part II provides background on the recent evolution of class arbitration, explaining how the Supreme Court had decided several cases involving class arbitration but has not explicitly ruled that class actions are either permitted or forbidden. Part III discusses the conflicts of interest that could arise at the beginning of class arbitration. Part IV discusses conflicts of interest that arise at the end of class arbitration. Part V of this article argues that if and when Congress amends the Federal Arbitration Act to statutorily permit class arbitration in light of Concepcion, a fully developed statute should be enacted to permit limited judicial supervision of the process of selecting class arbitrators and the process of issuing a class award or approving a class settlement. Part VI concludes