Fordham Law Review
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.
Fordham University School of Law
Arbitration, Public Injunctions, Consumer Protection, Worker Rights, Federal Arbitration Act
Civil Rights and Discrimination | Consumer Protection Law | Contracts | Dispute Resolution and Arbitration | Election Law | Law | Legislation
Myriam E. Gilles & Gary Friedman,
Unwaivable: Public Enforcement Claims and Mandatory Arbitration,
Fordham L. Rev.