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The New Judicial Hostility to Arbitration: Federal Preemption, Contract Unconscionability, and Agreements to Arbitrate

42 Pages Posted: 7 Feb 2007  

Steven J. Burton

University of Iowa - College of Law

Abstract

Since 2000, many courts have been holding agreements to arbitrate in consumer and employment contracts unconscionable and therefore unenforceable. Professor Burton makes two arguments in relation to these cases. First, many of the reasons on which these courts rely are pre-empted under the Supreme Court's arbitration law jurisprudence, which endorses a strong federal policy favoring arbitration. Second, and related, many of the courts' reasonings do not justify findings of unconscionability as the doctrine exists in general contract law.

Keywords: judicial hostility, agreements to arbitrate, unconscionability, federal preemption

Suggested Citation

Burton, Steven J., The New Judicial Hostility to Arbitration: Federal Preemption, Contract Unconscionability, and Agreements to Arbitrate. Journal of Dispute Resolution, Forthcoming; U Iowa Legal Studies Research Paper No. 07-01. Available at SSRN: https://ssrn.com/abstract=957829

Steven J. Burton (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

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