Unwaivable: Public Enforcement Claims and Mandatory Arbitration

Authors

Myriam E. Gilles, Benjamin N. Cardozo School of LawFollow
Gary Friedman

Publication Date

11-2020

Journal

Fordham Law Review

Abstract

This essay, written for a conference on the “pathways and hurdles” that lie ahead in consumer litigation, is the first to examine the implications of California’s recent jurisprudence holding public enforcement claims unwaivable in standard-form contracts of adhesion, and the inevitable clash with the U.S. Supreme Court’s decisional law interpreting the Federal Arbitration Act. With its rich history of rebuffing efforts to deprive citizens of public rights through private contract, California provides an ideal laboratory for exploring this escalating conflict.

Volume

89

First Page

451

Publisher

Fordham University School of Law

Keywords

Arbitration, Public Injunctions, Consumer Protection, Worker Rights, Federal Arbitration Act

Disciplines

Civil Rights and Discrimination | Consumer Protection Law | Contracts | Dispute Resolution and Arbitration | Election Law | Law | Legislation

Comments

Symposium: Securities and Consumer Litigation - Pathways and Hurdles

Recommended Citation

Myriam E. Gilles & Gary Friedman, Unwaivable: Public Enforcement Claims and Mandatory Arbitration, 89 Fordham L. Rev. 451 (2020).
https://larc.cardozo.yu.edu/faculty-articles/769