Reforming the Federal Arbitration Act to Equalize the Adjudication Rights of Powerful and Weak Parties

50 Pages Posted: 11 Sep 2016

See all articles by Stephen A. Plass

Stephen A. Plass

St. Thomas University School of Law

Date Written: September 9, 2016

Abstract

This Article offers a new perspective on how a law created to help merchants avoid the costs, delays, and inexpert judgments of courts became a national policy of enforcement that harms consumers and workers who do not wish to arbitrate. First, it recounts the Court's jurisprudence on the scope, preemptive, and substantive powers of the FAA." This Article then complements existing scholarship by demonstrating that it is historically implausible to reach the Court's interpretive conclusions about the FAA.

Suggested Citation

Plass, Stephen A., Reforming the Federal Arbitration Act to Equalize the Adjudication Rights of Powerful and Weak Parties (September 9, 2016). Catholic University Law Review, Vol. 65, No. 79, 2015, Available at SSRN: https://ssrn.com/abstract=2837040

Stephen A. Plass (Contact Author)

St. Thomas University School of Law ( email )

16401 N.W. 37th Ave.
Miami, FL 33054
United States

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