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Schwartz Lecturer Chris Drahozal Questions Supreme Court Arbitration Decisions

Source: 
The Caucus
Date: 
Friday, April 19, 2013

Prof. Chris Drahozal delivers the 2013 Schwartz Lecture on “Error Correction and the Supreme Court’s Arbitration Docket."

What is it about arbitration law and the Federal Arbitration Act (FAA) that results in error correction and factbound decision-making playing such a significant role in the Court's decisions? That question formed the focus of University of Kansas Law Professor Chris Drahozal’s 2013 Schwartz Lecture in Dispute Resolution, held on March 28, 2013 in Saxbe Auditorium.

During his speech, Prof. Drahozal examined the Court’s choice of arbitration cases over the past several years, noting a steep uptick in the number of arbitration-related decisions that are being accepted seemingly for the sole purpose of being summarily reversed by the Court rather than being decided on the merits, so-called “error correction” on by the Court. He also noted that the Court has been accepting and deciding cases that are highly fact specific, with little broad application beyond the particular case.