Alternative Dispute Resolution
Integrating Investment Treaty Conflict and Dispute Systems Design
by
Susan D. Franck
92 Minn. L. Rev. 161 (2007)
Do Courts Create Moral Hazard?: When Judges Nullify Employer Liability in Arbitrations
by
Michael H. LeRoy
93 Minn. L. Rev. 998 (2009)
Original Article:
A Better Solution to Moral Hazard in Employment Arbitration: It Is Time to Ban Predispute Binding Arbitration Clauses
A Response to LeRoy
In this Response, Professors Bingham and Good take a second look at Professor Michael LeRoy's statistics from his article, Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations, and draw somewhat different conclusions. They then suggest a different policy prescription to address the problem: banning mandatory predispute arbitration clauses in the employment context altogether.
