Charles W. Tyler

Administrative Severability Clauses

Lawmaking in the Shadow of the Bargain: Contract Procedure as a Second-Best Alternative to Mandatory Arbitration

122 Yale L.J. 1560 (2013). In consumer and employment arbitration, companies have more freedom to choose dispute resolution procedures than they do in courts. Specifically, companies may, through their form contracts, require their customers and employees to waive their rights to present certain forms of evidence, conduct certain forms of discovery, appeal a final judgment, and join a class. Because...