Last summer (July 2016) we posted a summary of a decision by the Appeals Court of Massachusetts, Plymouth, which dealt with a “who decides” arbitrability question in an interesting context. (See A Chicken and Egg Problem: Massachusetts Appeals Court Decides Arbitrability Issue). We noted at the time that while the basic holding of the case was not controversial, the case was interesting because it involved a provision of the Education Reform Act of 1993, which, according to the court, took away the right of teachers to challenge their dismissals in court.
In the short paper “The Curious Case of Massachusetts’ Teacher Dismissal Statute” we revisit the origin and caselaw related to that particular provision.
We thank Samantha Groark, third-year law student at the University of Missouri, for her assistance in researching and drafting the paper.