Are Contingent-Fee Attorneys Deterred? How Courts Can More Effectively Police Adhesive Arbitration Agreements
By Kenyon D. Harbison, February 8, 2012
This post has been viewed 1,636 times.
This article argues that courts have misused some tools of contract law and have failed to utilize others, like statutory vindication, and that courts should use access and exculpation concerns to refuse to compel arbitration in some employee and consumer contracts. The article discusses the Federal Arbitration Act and how arbitration agreements are formed. The article then critiques how courts have analyzed arbitration contracts and how they might improve their analysis.
