Supreme Court Commentaries
Arbitration, Preemption, Unconscionability
Constitutional Law | Supreme Court of the United States
This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the question of whether an arbitration agreement, made pursuant to the Federal Arbitration Act, preempts state unconscionability doctrine which would render that agreement unenforceable. The Author argues that holding that federal law implementing a policy favoring arbitration fully preempts state law doctrines from preventing the enforcement of arbitration agreements.
David Friedman, Arbitration Revisited: Preemption of California’s Unconscionability Doctrine after Concepcion, 11 Duke Journal of Constitutional Law & Public Policy Sidebar 21-39 (2016)