Academic highlight: Resnik on mandatory arbitration

In her contribution to the Yale Law Journal’s symposium on arbitration, Judith Resnik analyzes the last thirty years of the Supreme Court’s cases interpreting the Federal Arbitration Act and reaches a surprising conclusion:  Although these decisions have encouraged the “mass production of arbitration clauses” requiring hundreds of millions of consumers and employees to use arbitration to resolve disputes, these groups almost never do so.  In other words, Resnik finds that the practical effect of the Court’s arbitration jurisprudence has been to replace a system of public judicial dispute resolution with no dispute resolution at all.

Resnik’s article begins with a discussion of the Court’s recent decisions construing the Federal Arbitration Act (FAA).  The Court has steadily expanded the scope of arbitration, holding that the FAA permits arbitration clauses that bar access to courts for breach of federal securities laws, for employees’

Original SCOTUS article

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