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In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court's interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable.
List of contents
1. Introducing the FAA and its Centenary Jill I. Gross and Richard A. Bales; 2. The Birth of an Arbitration Nation Imre Stephen Szalai; 3. The Bipartisan and Cross-Ideological Currents Supporting the Ascendance of Arbitration Sarah Staszak; 4. Section 1: Defining Arbitration and Addressing Structural Bias Nancy A. Welsh; 5. Section 2's 'Arising out of' Requirement: An Argument for Repeal Stephen J. Ware; 6. Limiting Delegation Clauses After Rent-A-Center West, Inc. v. Jackson David Horton; 7. Exempting From the FAA Agreements to Arbitrate Federal Securities Law Claims Jill I. Gross; 8. Ending FAA Preemption: Restoring the Federal-State Balance in Arbitration Regulation Richard Frankel; 9. Pressing the 'Restart' Button: Amending FAA Section 2 so that State Law, not the FAA, Regulates Adhesion Arbitration Ronald G. Aronovsky; 10. State Arbitration Law in an FAA Preemption World: The Interaction between Federal and State Arbitration Law Maureen A. Weston; 11. Federal Court Jurisdiction for Arbitration Matters: A Complex Problem with an Easy Solution Kristen Blankley; 12. Section 4: Jury, Trial: A Misnomer in the FAA Tracey B. Frisch; 13. Third Party Arbitral Subpoenas: Are they allowed and who can challenge them? Bradley A. Areheart; 14. Clarifying Section 7 to Accommodate OArb Amy J. Schmitz; 15. The FAA's 'Transportation Worker' Exemption – Arbitrary and Confusing Lise Gelernter; 16. The Early Days of the Ending Forced Arbitration Act Sandra Sperino; 17. Expanding the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act to Protect Workers' Rights Ariana R. Levinson; 18. The FAA Should Not Cover Consumer Claims Jeff Sovern; 19. Using the OWBPA as a Model for Protecting Signatories to Adhesive Arbitration Agreements Richard A. Bales; 20. Voiding Silent Class Action Waivers by Amending the FAA Blair Druhan Bullock; 21. Revising the Reviewing: Amending FAA Section 10 to Improve Procedural Protections in Employment Arbitration Sarah Rudolph Cole.
About the author
Richard A. Bales is a Professor of Law at Ohio Northern University where he teaches labor, employment, ADR courses, Torts, and Civil Procedure. He has published more than 100 scholarly articles and authored or co-authored ten books on topics related to labor, employment, and ADR. He also is a labor arbitrator, and a member of the National Academy of Arbitrators, the American Bar Foundation, and the College of Labor and Employment Lawyers.Jill I. Gross is Vice Dean and Professor of Law at Pace University's Elisabeth Haub School of Law. Professor Gross is co-author of the treatise Broker-Dealer Law and Regulation and the casebook Arbitration: Law, Policy, and Practice. She has published dozens of book chapters and law review articles on the arbitration of commercial and securities disputes. She serves as an arbitrator for both the AAA and FINRA.
Summary
This book provides a roadmap to reform and enhance the fairness and coherence of the Federal Arbitration Act. Readers will be shown how the Federal Arbitration Act impacts the modern practice of arbitration and undermines the fairness of mandatory arbitration.
Foreword
This book provides a roadmap to reform and enhance the fairness and coherence of the Federal Arbitration Act.
