Professor Deborah Pearlstein writes on Balkinization about a bipartisan bill pending in Congress that would further "delegate Congress' war power to the President."
January 9, 2018 - Vice Dean Myriam Gilles testified before the Vermont Senate Judiciary Committee last week, to offer expertise to Vermont lawmakers who are considering action meant to limit arbitration clauses. In an article in VTDigger, Gilles said people agree to arbitration clauses, because they want the job, the service or the product. If they want to bring a complaint, however, they end up being forced into a process outside of the courts, which denies people the right to a judicial proceeding and can be expensive.
Regarding federal action on a bill limiting the use of arbitration, Gilles said, “It’s nowhere closer to being enacted…it’s possible Vermont could run into a challenge under the federal law concerning arbitration.”
“We’ve got to do something,” Gilles said. “We’re losing actual law. The law is just not being enforced. That strikes me as a huge problem, and I think states might just be closer to it.”
Read the complete article here.