By Margaret L. Moses , February 8, 2012
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The author argues that the Supreme Court’s interpretation of the Federal Arbitration Act (FAA) has undermined consumer protection and ignored the intent of the FAA. The author recommends that state laws must ensure that parties give their willing and knowing consent to waive a jury trial before it permits enforcement of an arbitration clause. The author then provides several other legislative reforms such as legislation to restrict the application of the FAA to federal courts.
