Consumer Arbitration as Exceptional Consumer Law (Including a Contractualist Reply to Carrington & Haagen)

Abstract

This article is part of a symposium on arbitration held by the McGeorge School of Law. It replies to an article co- authored by Paul Carrington, the keynote speaker for the symposium. See Paul Carrington and Paul Haagen, Contract and Jurisdiction, 1996 Sup. Ct. Rev. 331. Carrington and Haagen, like many commentators, criticize recent Supreme Court decisions on arbitration law and the contractual approach underlying those decisions. This article defends the contractual approach.