David Horton — Articles

Pirate Arbitration

Minnesota Law Review, Vol. 106: Iss. 5

The U.S. Supreme Court’s expansion of the Federal Arbitration Act (FAA) has transformed the American civil justice system. In a series of controversial opinions, the Court has held that the FAA preempts state law, bars class actions, and empowers companies...

Forced Arbitration in the Fortune 500

Minnesota Law Review, Vol. 109: Iss. 5

As the Federal Arbitration Act (FAA) nears its centennial, its most controversial byproduct—forced arbitration—has entered uncharted territory. For years, companies exploited their power over fine print to produce ambitious dispute resolution regimes. This trend reached its apex in the 2010s...