The FAA Triumphal: A Modest Opinion

17 Pages Posted: 2 Dec 2013 Last revised: 31 Jan 2014

Date Written: December 2, 2013

Abstract

The opinion reproduced below was delivered to us anonymously, with a cover note stating that it had been found on a photocopy machine in the Supreme Court of the United States. Efforts to identify the source of the note have been unsuccessful; further, we have been unable to confirm that a case denominated Pasquinade v. Quillet Enterprises, Inc., was ever filed in that Court or in any other federal court. In light of its unverified origins, the Pasquinade opinion should not be cited as authority. Nevertheless, it contains a few points of interest, and, who knows, could represent a kind of trial run by the Justice who supposedly authored it, complete with reaction to anticipated dissent. We express no opinion on the matter and merely offer Pasquinade “for what it’s worth.”

Keywords: arbitration, FAA, Concepcion, Gilmer, Italian Colors, CompuCredit, Stolt, ADR, alternative dispute resolution, statutory interpretation, Scalia, employment, employee, class action, procedure, adjudication, labor

JEL Classification: K31

Suggested Citation

Sullivan, Charles A. and Glynn, Timothy P., The FAA Triumphal: A Modest Opinion (December 2, 2013). Seton Hall Public Law Research Paper No. 2362389, Available at SSRN: https://ssrn.com/abstract=2362389 or http://dx.doi.org/10.2139/ssrn.2362389

Charles A. Sullivan

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States
973-642-8870 (Phone)

Timothy P. Glynn (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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