The Federal Arbitration Act : successes, failures, and a roadmap for reform / edited by Richard A. Bales, Jill I. Gross.
2024
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Title
The Federal Arbitration Act : successes, failures, and a roadmap for reform / edited by Richard A. Bales, Jill I. Gross.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024.
Description
1 online resource (x, 369 pages) : digital, PDF file(s).
Formatted Contents Note
Introducing the FAA and its centenary / Jill I. Gross and Richard A. Bales
The birth of an arbitration nation / Imre Stephen Szalai
The bipartisan and cross-ideological currents supporting the ascendance of arbitration / Sarah Staszak
Section 1 : defining arbitration and addressing structural bias / Nancy A. Welsh
Section 2's "Arising out of" requirement : an argument for repeal / Stephen J. Ware
Limiting delegation clauses after rent-a-center West, Inc. v. Jackson / David Horton
Exempting from the FAA agreements to arbitrate federal securities law claims / Jill I. Gross
Ending FAA preemption : restoring the federal-state balance in arbitration regulation / Richard Frankel
Pressing the "restart" button : amending FAA Section 2 so that state law, not the FAA, regulates adhesion arbitration / Ronald G. Aronovsky
State arbitration law in an FAA preemption world : the interaction between federal and state arbitration law / Maureen A. Weston
Federal court jurisdiction for arbitration matters : a complex problem with an easy solution / Kristen Blankley
Section 4 : jury, trial : a misnomer in the FAA / Tracey B. Frisch
Third party arbitral subpoenas : are they allowed and who can challenge them? / Bradley A. Areheart
Clarifying section 7 to accommodate OArb / Amy J. Schmitz
The FAA's "transportation worker" exemption-arbitrary and confusing / Lise Gelernter
The early days of the ending forced arbitration act / Sandra Sperino
Expanding the ending forced arbitration of sexual assault & sexual harassment act to protect workers' rights / Ariana R. Levinson
The FAA should not cover consumer claims / Jeff Sovern
Using the OWBPA as a model for protecting signatories to adhesive arbitration agreements / Richard A. Bales
Voiding silent class action waivers by amending the FAA / Blair Druhan Bullock
Revising the reviewing : amending FAA section 10 to improve procedural protections in employment arbitration / Sarah Rudolph Cole
"Clarifying the conflict in the FAA's conflict of interest requirements : what and when must arbitrators disclose?"
The FAA's silence on arbitral disclosures : a pressing problem in the social media age
Arbitrator reversal under Federal Arbitration Act Section 10 (a)(3) for excluding evidence
Reforming judicial review to permit bargained-for and fast-track review
Arbitration law and labor law at the margins : workers of color caught between collective and individual visions of alternative dispute resolution
Reinvigorating the arbitration process by diversifying the arbitrator corps
Empirical evidence on arbitrator diversity : what we know, what we don't know, and how to move forward on the empirical front
Time to modernize the FAA
The Supreme Court's defensible interpretations of the Federal Arbitration Act
The FAA in comparative perspective : is the United States an outlier?
A failed experiment? is it time to scrap the FAA altogether?
The birth of an arbitration nation / Imre Stephen Szalai
The bipartisan and cross-ideological currents supporting the ascendance of arbitration / Sarah Staszak
Section 1 : defining arbitration and addressing structural bias / Nancy A. Welsh
Section 2's "Arising out of" requirement : an argument for repeal / Stephen J. Ware
Limiting delegation clauses after rent-a-center West, Inc. v. Jackson / David Horton
Exempting from the FAA agreements to arbitrate federal securities law claims / Jill I. Gross
Ending FAA preemption : restoring the federal-state balance in arbitration regulation / Richard Frankel
Pressing the "restart" button : amending FAA Section 2 so that state law, not the FAA, regulates adhesion arbitration / Ronald G. Aronovsky
State arbitration law in an FAA preemption world : the interaction between federal and state arbitration law / Maureen A. Weston
Federal court jurisdiction for arbitration matters : a complex problem with an easy solution / Kristen Blankley
Section 4 : jury, trial : a misnomer in the FAA / Tracey B. Frisch
Third party arbitral subpoenas : are they allowed and who can challenge them? / Bradley A. Areheart
Clarifying section 7 to accommodate OArb / Amy J. Schmitz
The FAA's "transportation worker" exemption-arbitrary and confusing / Lise Gelernter
The early days of the ending forced arbitration act / Sandra Sperino
Expanding the ending forced arbitration of sexual assault & sexual harassment act to protect workers' rights / Ariana R. Levinson
The FAA should not cover consumer claims / Jeff Sovern
Using the OWBPA as a model for protecting signatories to adhesive arbitration agreements / Richard A. Bales
Voiding silent class action waivers by amending the FAA / Blair Druhan Bullock
Revising the reviewing : amending FAA section 10 to improve procedural protections in employment arbitration / Sarah Rudolph Cole
"Clarifying the conflict in the FAA's conflict of interest requirements : what and when must arbitrators disclose?"
The FAA's silence on arbitral disclosures : a pressing problem in the social media age
Arbitrator reversal under Federal Arbitration Act Section 10 (a)(3) for excluding evidence
Reforming judicial review to permit bargained-for and fast-track review
Arbitration law and labor law at the margins : workers of color caught between collective and individual visions of alternative dispute resolution
Reinvigorating the arbitration process by diversifying the arbitrator corps
Empirical evidence on arbitrator diversity : what we know, what we don't know, and how to move forward on the empirical front
Time to modernize the FAA
The Supreme Court's defensible interpretations of the Federal Arbitration Act
The FAA in comparative perspective : is the United States an outlier?
A failed experiment? is it time to scrap the FAA altogether?
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 05 Dec 2024).
Location
www
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781009391894 (ebook)
9781009391917 (hardback)
9781009391870 (paperback)
9781009391917 (hardback)
9781009391870 (paperback)
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