Arbitration and the Supreme Court: A Critique from Plaintiff’s Counsel in Green Tree v. Randolph

Suzette M. Malveaux, The Catholic University of America, Columbus School of Law


One of the most important issues facing our legal system today is the proliferation of arbitration agreements and the United State's Supreme Court's deference to enforcing those agreements. The explosion of pre-dispute arbitration agreements in employment contracts and commercial transactions is moving us towards an unparalleled privatization of the justice system. This issue is important because the procedural protections established by the court system are critical to the enforcement of certain rights, particularly federal statutory civil rights and consumer protection laws.