Law Commons^™

Class Dismissed: Compelling A Look At Jurisprudence Surrounding Class Arbitration And Proposing Solutions To Asymmetric Bargaining Power Between Parties, Matthew R. Hamielec

Chicago-Kent Law Review

Class actions and arbitrations have existed since the United States’ inception. Since the mid-twentieth century, both Congress and the U.S. Supreme Court have helped arbitration blossom from litigation’s overshadowed alternative to a prominent means of resolving disputes. Soon, the commercial industry proceeded to incorporate arbitration provisions in their consumer and employment contracts. That way, when a dispute arose between the business and a person, the business would arbitrate with claimants individually. Plaintiffs’ attorneys who favored collective action proceedings like class actions, however, pushed for courts’ allowance of class arbitration—a class proceeding conducted within an arbitration’s confines.

Corporations litigated such class …

Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde

Chicago-Kent Law Review

This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt …

Expanding The Scope Of The Federal Arbitration Act: An Examination Of The Seventh Circuit's Opinion In Green V. U.S. Cash Advance, Illinois, Llc, Christine L. Milkowski

Seventh Circuit Review

The Roberts Court's expansive interpretation of the Federal Arbitration Act (FAA) has ushered in a new era of pro-arbitration jurisprudence, allowing lower courts to categorically enforce arbitration agreements. Underlying this zealous application is Section 2 of the FAA, which states that arbitration agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of a contract."

In Green v. U.S. Cash Advance, Illinois, LLC, the Seventh Circuit enforced an arbitration agreement between a consumer and payday lender, despite the fact that the named arbitration forum had been unavailable since the …