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- Title
THE ARBITRATION SEESAW: FEDERAL ACT PREEMPTS GENERAL LAW THEREBY RESTRICTING JUDICIAL REVIEW.
- Authors
Marcum, Tanya M.; Campbell, Elizabeth A.
- Abstract
The article discusses the U.S. Federal Arbitration Act's reported preemption of general laws and the statute's impact on judicial review as of June 2013, focusing on the U.S. Supreme Court (USSC) and the common law doctrines of unconscionability and public policy in relation to contracts. The USSC's ruling in the 2011 case AT&T Mobility LLC v. Concepcion, which deals with adhesion contracts and efforts to preserve state-law rules, is examined. Arbitration clauses and agreements are mentioned.
- Subjects
UNITED States; ARBITRATION &; award; EXCLUSIVE &; concurrent legislative powers; JUDICIAL review; AT&; T Mobility LLC v. Concepcion; ARBITRATION clauses (Contracts); UNITED States. Supreme Court; ADHESION contracts; UNCONSCIONABLE contracts
- Publication
Valparaiso University Law Review, 2013, Vol 47, Issue 4, p965
- ISSN
0042-2363
- Publication type
Article