Outsourcing American Civil Justice: Mandatory Arbitration Clauses in Consumer and Employment Contracts

Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Focuses criticism on the use of mandatory arbitration clauses in consumer and employment agreements, not in contracts between entities operating at arm's-length. Discusses the gradual transition away from our traditional, jury-based civil justice system to a privatized system of conflict resolution, with focus on the U.S. Supreme Court's expansive interpretation of the Federal Arbitration Act (FAA).

Description

Keywords

Seventh Amendment right to a trial by jury, Arbitration's assent to the prominent, Federal Arbitration Act of 1925, Robert Lawrence Co. v. Devonshire Fabrics, Inc., Prima Paint Corp. v. Flood & Conklin Manufacturing Co., Atlas Roofing Co. v. Occupational Safety & Health Review Commission, Southland Corp. v. Keating, Gilmer v. Interstate/Johnson Lane Corp., Rent-A-Center, West, Inc. v. Jackson, AT&T Mobility, L.L.C. v. Concepcion, Private law supplants common law, Judicial endorsement of adhesion contracts, Federal Arbitration Act (FAA)

Citation

Judge Craig Smith and Judge Eric V. Moyé, Outsourcing American Civil Justice: Mandatory Arbitration Clauses in Consumer and Employment Contracts, 44 Tex. Tech L. Rev. 281 (2011-2012)