Talk:Federal Arbitration Act

controversy?

I seem to remember a recent controversy regarding binding arbitration recently. If anyone has more information, I believe it'd be helpful to the article. (especially considering it's bordering on being a stub.) 24.94.182.11 (talk) 20:20, 30 October 2012 (UTC)

See the 2011 California pre-emtion ruling linked in the article.46.39.169.168 (talk) 13:23, 18 November 2012 (UTC)

The core controversy relating to the FAA is more that its modern interpretation turns on the assumption that "interstate commerce" (as a class of contracts subject to the FAA) and "interstate commerce" (as a class of employment contracts NOT subject to the FAA) are fundamentally different. An assumption which is based on SCOTUS's subsequent broadening of the scope of the Commerce Clause (from covering only the movement of goods across state lines to anything more generally affecting interstate commerce), and SCOTUS's choice to apply that broadening to the former class but not the latter. (In Circuit City v Adams.) Often presented as a paradigmatic example of SCOTUS substituting its own policy preferences for those of Congress.

That this isn't mentioned at all in the current article is incomprehensible. 96.237.116.17 (talk) 21:10, 8 July 2024 (UTC)