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)