Procedure, Substance, and Power: Collective Litigation and Arbitration of Employment Rights

61 UCLA Law Review Discourse 164 (2013)

UCLA School of Law, Law-Econ Research Paper No. 13-12

17 Pages Posted: 29 Aug 2013

See all articles by Katherine V.W. Stone

Katherine V.W. Stone

University of California, Los Angeles (UCLA) - School of Law

Date Written: August 27, 2013

Abstract

In this contribution to the Symposium honoring Stephen Yeazell, the author explores the interaction between group litigation and social context in the contemporary setting. She traces recent developments in the law of class action waivers coupled with mandatory individual arbitration clauses in consumer and employment contracts. She shows how the Supreme Court’s decisions in AT&T v. Concepcion and American Express v. Italian Colors enable large corporations that impose class action bans on consumers and employees to achieve de facto immunity from decades of hard-won protective legislation. She concludes that Yeazell’s insight — that the availability of group litigation is intricately linked with a society’s social arrangements — is as true today as it was when he first examined the issue in the 1970s.

Keywords: employment law, employment contracts, litigation, AT&T v. Concepcion, American Express v. Italian Colors

Suggested Citation

Stone, Katherine Van Wezel, Procedure, Substance, and Power: Collective Litigation and Arbitration of Employment Rights (August 27, 2013). 61 UCLA Law Review Discourse 164 (2013); UCLA School of Law, Law-Econ Research Paper No. 13-12. Available at SSRN: https://ssrn.com/abstract=2317031

Katherine Van Wezel Stone (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

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