TITLE

ARBITRATION CLAUSES, JURY-WAIVER CLAUSES, AND OTHER CONTRACTUAL WAIVERS OF CONSTITUTIONAL RIGHTS

AUTHOR(S)
Ware, Stephen J.
PUB. DATE
January 2004
SOURCE
Law & Contemporary Problems;Winter/Spring2004, Vol. 67 Issue 1/2, p167
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Focuses on the requirement for courts to apply contract-law standards of consent to arbitration agreements under the Federal Arbitration Act in the U.S. Argument of certain commentators that courts are instead constitutionally required to apply the higher standards of consent governing jury-waiver clauses; Treatment of consent as an objective phenomenon in contract law; Resemblance of the knowing-consent standards with the unconscionability doctrine.
ACCESSION #
14726639

 

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