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
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
Included in
Civil Rights and Discrimination Commons, Consumer Protection Law Commons, Contracts Commons, Dispute Resolution and Arbitration Commons, Election Law Commons, Legislation Commons
Comments
Symposium: Securities and Consumer Litigation - Pathways and Hurdles