Add to ORKGThis Article examines the California courts\u27 unconscionability jurisprudence, highlighting the disparate application of unconscionability doctrine in cases involving arbitration agreements as contrasted with cases involving ordinary contracts. The article undertakes an empirical analysis of California cases applying unconscionability doctrine and finds that unconscionability challenges before the California appellate courts succeed with far greater frequency when the contractual provision at issue is an arbitration agreement. The article concludes that California\u27s unconscionability jurisprudence violates the basic mandate of the FAA that arbitration agreements be placed on equal footing with ordinary contractual provisions
Standardized form contracts, while generally beneficial to the business community, have led courts t...
Bridge Fund Capital Corp. v. FastBucks Franchise Corp. illustrates a recent manifestation of an ongo...
Mandatory arbitration clauses in employment agreements are the subject of a fair amount of controver...
This Article examines the California courts\u27 unconscionability jurisprudence, highlighting the di...
In Davis v. O\u27Melveny & Myers, the Ninth Circuit Court of Appeals considered whether an arbitrati...
We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA con...
none1noIn the case AT&T Mobility v. Conception, U.S. Supreme Court held that California state contra...
This Article first explores the Supreme Court\u27s initially reluctant application of the FAA\u27s c...
As a means of countering the pro-arbitration stance taken by the Supreme Court, a number of lower co...
This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the que...
This Article evaluates how state courts have applied the unconscionability doctrine to contracts, in...
This Article is concerned with two areas of American law and their intersection. One is the legal do...
States have long relied on the doctrines of unconscionability and public policy to protect individua...
This Note addresses a study of California state court decisions concerning the invalidation of contr...
In California and many other states, courts often engage in the practice of reforming contracts base...
Standardized form contracts, while generally beneficial to the business community, have led courts t...
Bridge Fund Capital Corp. v. FastBucks Franchise Corp. illustrates a recent manifestation of an ongo...
Mandatory arbitration clauses in employment agreements are the subject of a fair amount of controver...
This Article examines the California courts\u27 unconscionability jurisprudence, highlighting the di...
In Davis v. O\u27Melveny & Myers, the Ninth Circuit Court of Appeals considered whether an arbitrati...
We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA con...
none1noIn the case AT&T Mobility v. Conception, U.S. Supreme Court held that California state contra...
This Article first explores the Supreme Court\u27s initially reluctant application of the FAA\u27s c...
As a means of countering the pro-arbitration stance taken by the Supreme Court, a number of lower co...
This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the que...
This Article evaluates how state courts have applied the unconscionability doctrine to contracts, in...
This Article is concerned with two areas of American law and their intersection. One is the legal do...
States have long relied on the doctrines of unconscionability and public policy to protect individua...
This Note addresses a study of California state court decisions concerning the invalidation of contr...
In California and many other states, courts often engage in the practice of reforming contracts base...
Standardized form contracts, while generally beneficial to the business community, have led courts t...
Bridge Fund Capital Corp. v. FastBucks Franchise Corp. illustrates a recent manifestation of an ongo...
Mandatory arbitration clauses in employment agreements are the subject of a fair amount of controver...