Southland Corp. v. Keating, 465 U.S. 1 (1984)

Southland Corp. v. Keating, 465 U.S. 1 (1984) #

One Line Summary: FAA applies to contracts under state law (due to congressional intent)

Wikipedia
Court Opinion (Court Listener) (unread)
Court Opinion (Library of Congress) (unread)
Majority Author: Warren Burger
Concurence: John P. Stevens
Dissents: Sandra Day O’Connor, William Rehnquist

Core Claim (pull quote)

In enacting § 2 of the federal Act, Congress declared a national policy favoring arbitration and withdrew the power of the states to require a judicial forum for the resolution of claims that the contracting parties agreed to resolve by arbitration.

Analysis #

Joshi, H. (2023). You Have Got to Be Keating Me: Why the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Is a Good Start. 2023.
Jacobs, B. L. (n.d.). Often Wrong, Never in Doubt: How Anti-Arbitration Expectancy Bias May Limit Access to Justice. ACCESS TO JUSTICE, 62.
Dunham, K. F. (2009). Southland Corp. v. Keating Revisited: Twenty-Five Years in Which Direction. Charleston Law Review, 4, 331. https://heinonline.org/HOL/Page?handle=hein.journals/charlwrev4&id=335&div=&collection= (unread)
Schwartz, D. (2004). Correcting Federalism Mistakes in Statutory Interpretation: The Supreme Court and the Federal Arbitration Act. Law and Contemporary Problems, 67(1), 5–54. https://scholarship.law.duke.edu/lcp/vol67/iss1/2