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2003

University of Missouri School of Law

FAA

Articles 1 - 2 of 2

Full-Text Articles in Law

Is State Law Looking For Trouble: The Federal Arbitration Act Flexes Its Preemptive Muscle, Robert Hollis, Sarah E. Kerner, Alexa Irene Pearson, Ryan G. Vacca Jul 2003

Is State Law Looking For Trouble: The Federal Arbitration Act Flexes Its Preemptive Muscle, Robert Hollis, Sarah E. Kerner, Alexa Irene Pearson, Ryan G. Vacca

Journal of Dispute Resolution

This article begins with an overview of the preemption concept as it affects the American legal system. The source of preemption power is revealed and the most common forms of preemption are introduced. Next, the article discusses preemption and its interaction with the Federal Arbitration Act (FAA). The discussion begins with a chronological view of the cases that have defined the effects the FAA has on arbitration agreements via its preemption power and ends with a summary of the current state of the law.


First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben Apr 2003

First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben

Faculty Publications

This article describes the context and current state of the law in this area under the Federal Arbitration Act (FAA), urges the Court to continue its path toward actual consent to arbitration, and suggests an approach for finally reconciling the tension between Prima Paint and First Options. Part II describes the nature and historical context of the arbitrability problem. Part III focuses specifically on the doctrine of separability, which is the most critical (and most complex) of these exceptions. Part IV discusses the impact on separability of recent U.S. Supreme Court case law, especially the 1995 decision in First Options …