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Recent Developments in Arbitration Unconscionability

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by Victoria VanBuren

Tuesday, Mar 30, 2010


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As the U.S. Supreme Court prepares to decide Rent-A-Center v. Jackson, we thought that you might find interesting to read the following blog posts and articles relating to the issue of arbitration unconscionability:

  • Who gets to Decide Unconscionability?, Andrea Schneider, ADR Prof Blog (March 4, 2010)
  • Thankful for Unanswered Prayers? Unconscionability Equilibrium, Don Philbin, Alternative Resolutions Newsletter, page 30 (Winter 2010)
  • Unconscionability and Arbitration, Steven K. Huber, Alternative Resolutions Newsletter, page 36 (Winter 2010)
  • Prawfsblawg: Allocating Power Between Courts and Arbitrators – and Why Scholars of Federal Courts Should Care, Disputing (Feb. 23, 2010)
  • Letting the Arbitrator Decide Unconscionability, Andrea Schneider, ADR Prof Blog (includes link to paper by Karen Halvenson Cross) (Feb. 20, 2010)
  • Arbitration and Class Action, Eugene Volokh, The Volokh Conspiracy (Feb. 2, 2010)
  • Supreme Court Agrees to Hear Arbitration Unconscionability Case (Jan. 18, 2010)
  • Ninth Circuit Has Interesting Ruling on Unconscionability, Sarah Cole, ADR Prof Blog (Sept. 15, 2009)
  • Ninth Circuit Finds Class Action Waiver Unconscionable, Disputing (March 31, 2009)
  • Unconscionable Arbitration Agreement: A First for Texas, Disputing (Feb. 2, 2009)

Technorati Tags: law, ADR, arbitration

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About Victoria VanBuren

Born and raised in Mexico, Victoria is a native Spanish speaker and a graduate of the Monterrey Institute of Technology (Instituto Tecnologico y de Estudios Superiores de Monterrey), or "the MIT of Latin America." She concentrated in physics and mathematics. Immediately after completing her work at the Institute, Victoria moved to Canada to study English and French. On her way back to Mexico, she landed in Dallas and managed to have her luggage lost at the airport. Charmed by the Texas hospitality, she decided to stay and made her way back to Austin, which she's adopted as home.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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