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.

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