Vol. 93
A Better Solution to Moral Hazard in Employment Arbitration: It Is Time to Ban Predispute Binding Arbitration Clauses? A Response to LeRoy
Lisa Blomgren Bingham and David Henning Good
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 pre-dispute arbitration clauses in the employment context altogether. Full response here.
The National Surveillance State: A Response to Balkin
Orin S. Kerr
In this Response, Professor Kerr concurs with Professor Balkin in The Constitution and the National Surveillance State that the development of new technology presents problems for the law. But for Kerr, those problems do not demand a shift to a new kind of governance, but rather adaptation of the law to the new technology. Full response here.
Climate Change and Reassessing the “Right” Level of Government: A Response to Bronin
Alexandra B. Klass
In this Response, Professor Klass further explores and amplifies the federalism issues that Professor Sara Bronin introduced in her article The Quiet Revolution Revived: Sustainable Design, Land Use, and the States. Professor Klass ultimately advocates applying the “cooperative federalism” approach used in other areas of environmental law to the problems of local regulation of green building. Full response here.