The Critical Theory Legacy of Jean Sternlight’s Panacea or Corporate Tool

Chapter in Discussions in Dispute Resolution (Oxford Univ. Press, Forthcoming)

Loyola Law School, Los Angeles Legal Studies Research Paper No. 2019-12

8 Pages Posted: 11 Jul 2019

See all articles by Hiro N. Aragaki

Hiro N. Aragaki

Loyola Law School (Los Angeles); SOAS School of Law (University of London)

Date Written: July 7, 2019

Abstract

No one can deny the seminal role that Jean Sternlight’s Panacea or Corporate Tool?: Debunking the Supreme Court’s Preference for Binding Arbitration has played in helping to define a distinct strand of domestic arbitration law scholarship. While earlier works treated in this volume, such as that of Julius Henry Cohen or Soia Mentschikoff, had approached the subject through the lens of commercial arbitration, Panacea underscored the importance of a very different context in which domestic arbitration law was being both applied and formed: ‘mandatory binding arbitration,’ which is to say arbitration that takes place not between two commercial parties but between a commercial party and a consumer or employee. It did so by tackling a number of key issues with Professor Sternlight’s characteristic passion and acumen: The unfairness of enforcing arbitration clauses against the proverbial “little guy” or the comparative lack of procedural safeguards in arbitration as compared with litigation, to name a few.

Suggested Citation

Aragaki, Hiro N., The Critical Theory Legacy of Jean Sternlight’s Panacea or Corporate Tool (July 7, 2019). Chapter in Discussions in Dispute Resolution (Oxford Univ. Press, Forthcoming), Loyola Law School, Los Angeles Legal Studies Research Paper No. 2019-12, Available at SSRN: https://ssrn.com/abstract=3416253

Hiro N. Aragaki (Contact Author)

Loyola Law School (Los Angeles) ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
(213) 736-1406 (Phone)
(213) 380-3769 (Fax)

HOME PAGE: http://https://www.lls.edu/faculty/facultylista-b/aragakihiro/

SOAS School of Law (University of London) ( email )

Thornhaugh Street
Russell Square: College Buildings 541
London, WC1H 0XG
United Kingdom

HOME PAGE: http://https://www.soas.ac.uk/staff/staff127753.php

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
10
Abstract Views
143
PlumX Metrics