Title

Teaching the Business Law & Ethics of Arbitration after Concepcion

Department/School

Ethics and Business Law

Date of this version

2016

Document Type

Article

Abstract

As a result of the recent Supreme Court decisions addressing arbitration, legal environment instructors may need to revise their approach to teaching arbitration and other alternative dispute resolution methods. With the uncertainty of the application of Concepcion and Italian Colors, previous notions of what is legal in the context of arbitration may need to be broadened. However, simply because certain arbitration provisions may be legal, businesses should not necessarily choose to adopt them. Instead, these changes present opportunities to legal environment instructors to more directly incorporate ethical and management strategy considerations into an analysis of preferred alternative dispute resolution structures. Doing so will show the important linkages between legal studies, ethics, and management.

Published in

Journal of Legal Studies Education

Citation/Other Information

34(1), 63-88