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40 Ne. J. Legal Stud. 1 (2020)

handle is hein.journals/neastjol40 and id is 1 raw text is: 2020 / Mandatory Arbitration Clauses / 1 MANDATORY ARBITRATION CLAUSES IN CONSUMER CONTRACTS: A LEGALLY PERMISSIBLE MEANS OF DENYING CONSUMERS THE CONSTITUTIONAL RIGHT TO LITIGATE CONTRACT DISPUTES IN COURT AND THE RIGHT TO TRIAL BY JURY by Victor D. L6pez, J.D., Esq.* I. INTRODUCTION Mandatory arbitration clauses in consumer contracts have had a checkered past in the United States. Courts historically viewed arbitration as a means of settling disputes with significant disfavor, a fact that has been noted by many courts, including the United States Supreme Court in numerous decisions as well as by Congress.' Congress enacted the Federal Arbitration Act (FAA) in 1925 in order to overcome the judicial resistance to arbitration and declare a national policy to favor arbitration of claims that parties agree to settle through arbitration.2 Since its enactment, the U.S. Supreme Court has interpreted the FAA as requiring that questions of arbitrability . . . be addressed with a healthy regard for the federal policy favoring arbitration3 and has * Cypres Family Distinguished Professor in Legal Studies in Business, Department of Accounting, Taxation and Legal Studies in Business, Hofstra University, Frank G. Zarb School of Business. The author gratefully acknowledges the summer research grant that facilitated his research, including this article.

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