Abstract

http://ssrn.com/abstract=963431
 
 

Footnotes (291)



 


 



Judicial Policing in Consumer Contracting after Buckeye Check Cashing


Timothy S. Hall


University of Louisville - Louis D. Brandeis School of Law

February 1, 2007


Abstract:     
The Supreme Court's 2005 decision in Buckeye Check Cashing v. Cardegna explicitly extended the Court's separability doctrine from commercial contracting to consumer contracting. This Article will discuss the conflicts between the traditional judicial role in policing the bargaining process and the imposition of mandatory arbitration through separability. The Article further discusses questions left open after Buckeye regarding the appropriate scope of the Court's embrace of mandatory arbitration in the consumer context. While this Article does not argue, as some have done, for abolition of binding pre-dispute arbitration clauses in the consumer context, it does argue that common-law doctrines designed to ensure fairness and freedom of assent in consumer contracting should be entrusted to those best able to apply them and implement their underlying policies - the courts.

Number of Pages in PDF File: 59

Keywords: arbitration, consumer protection, consumer law, contracts, alternative dispute resolution, ADR

JEL Classification: K12, K41

working papers series


Download This Paper

Date posted: February 20, 2007  

Suggested Citation

Hall, Timothy S., Judicial Policing in Consumer Contracting after Buckeye Check Cashing (February 1, 2007). Available at SSRN: http://ssrn.com/abstract=963431 or http://dx.doi.org/10.2139/ssrn.963431

Contact Information

Timothy S. Hall (Contact Author)
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
Feedback to SSRN


Paper statistics
Abstract Views: 967
Downloads: 148
Download Rank: 114,406
Footnotes:  291

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.250 seconds