//  6/11/18  //  Quick Reactions

I’ve written several times on this blog about the impressive student-led advocacy against mandatory arbitration.  After Ian Samuel broke the news that one major law firm was attempting to force its summer associates to sign mandatory confidential arbitration agreements, several firms reversed course. Law students then got their career services offices (and the career services at a bunch of top law schools) to demand information from law firms recruiting on campus about whether the firms required their employees to sign arbitration agreements.

Now that the results are in, the question is whether law schools will put any more muscle behind their students.  The reason why that might be necessary is because almost half of the firms—nearly 200 of them!—elected not to respond to the survey at all.  That decision blunts any effort to enable even the most minimal feedback mechanism to address mandatory arbitration—namely, to allow students to make a decision about whether they will go to a firm that employs mandatory arbitration or not.  There are serious questions about whether disclosure is a sufficient solution; as I’ve noted, Adam Levitin has offered some reasons why disclosure may not be enough.  But no one thinks that secrecy, and allowing firms to force mandatory arbitration agreements on employees who have already accepted offers, is a good arrangement.  Hiding these agreements in the dark is what has allowed them to persist for so long, and some number of these firms are probably just fine with that. 

Then there are the firms that apparently launched a full-throated defense of arbitration, or at least an attempt at it.  One firm noted that arbitration can be efficient.  While true, that’s beside the point—arbitration has some benefits, many of which are benefits to employers.  And while some of arbitration’s benefits may go to employees, why not allow employees to opt into arbitration when it makes sense for them too? 

As I said we got the firms’ response.  Now we will wait to see how the law students and law schools respond.

@LeahLitman


Birth Control Is Not Abortion

9/7/18  //  Quick Reactions

By Greg Lipper: At his confirmation hearing, Judge Kavanaugh used the phrase “abortion-inducing drugs" while referring to a case he heard on the DC Circuit. This description of the case is at odds with modern science and suggests his hostility to foundational privacy precedents.

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Versus Trump: Trump Versus Facebook

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Judge Kavanaugh on Separation of Powers

8/3/18  //  In-Depth Analysis

By Carolyn Shapiro: Judge Kavanaugh has a troubling and one-sided view of liberty and how to protect it.

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