Arbitration agreements coupled with class-action waivers and other onerous provisions have become common in employment, consumer, and other transactions. The Supreme Court's decisions enforcing such agreements have encouraged their use. Scholars have largely critiqued the Court's decisions.This...

Much litigation and scholarly commentary has focused on whether Uber drivers and other platform workers are employees of the platform or independent contracts. This Article contends that in the long run, this debate will be irrelevant to the question of how to protect workers in the platform...

Much of the public debate over education reform has focused on teachers, their compensation and working conditions, and how these matters are affected by collective bargaining. “Reformers” point to teacher unions as the principal cause of the shortcomings in public education. They often trot...

The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will...

With union density falling to alarmingly low levels and dropping, many have largely written off traditional business unionism and have turned to so-called alt-labor forms of worker empowerment, particularly worker centers. But traditional unions continue to provide valuable service to the...

Gilmer and Circuit City enforced pre-dispute agreements to arbitrate public law claims imposed by employers as a condition of employment, provided that the employees could effectively vindicate their public law rights in the arbitral forum. The rationale that the agreement merely substitutes the...