Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Uncoscionability Case

[UPDATE:] The U.S. Supreme Court decided Rent-A-Center, West v. Jackson on June 21. Find our commentary here:

• Rent-A-Center, West, Inc. v. Jackson and the Ongoing Assault on Party Autonomy
  
• Professor Alan Scott Rau Comments on Rent-A-Center, West Inc. v. Jackson

As readers may already know, last week, the U.S. Supreme Court heard arguments on Rent-A-Center, West v. Jackson. The transcript is available here.

Question Presented:

Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (”FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision?

We thought you would like to read some interesting posts about the case:

• “Formation is a very basic existential analysis”: Thoughts on the Rent-a-Center Oral Argument, Matt Bodie, PrawfsBlawg (April 28, 2010)
• Oral Argument in Jackson v. Rent-a-Center West, Sarah Cole, ADR Prof Blog (April 27, 2010)
• Supreme Court Justices Consider Courts’ Role in Arbitration, Tory Mauro, The National Law Journal (April 27, 2010)
• Rent-An-Arbitrator, Deepak Gupta, Consumer Law & Policy Blog (April 27, 2010)
• Arbitrating arbitration: who reviews the enforceability of an agreement to arbitrate? Caroline Jackson, SCOTUS Blog (April 27, 2010)
• Commentary on Rent-A-Center West v. Jackson and Arbitration Unconscionability, Disputing (April 26, 2010)
• Determining the fairness of forced arbitration provisions, Aaron Tang, SCOTUS Blog (April 25, 2010)
• U.S. Supreme Court to Hear Arguments in Arbitration Unconscionability Case: Rent-A-Center West v. Jackson, Disputing, with links to all briefs (April 22, 1010)
• The Mandatory Core of Section 4 of the Federal Arbitration Act, David Horton, Virginia Law Review (April 2, 2010)
• Should A Company’s Hand-Picked Arbitrator Get to Decide Whether It’s Fair for the Company to Hand Pick the Arbitrator? Deepak Gupta, Consumer Law & Policy Blog (April 1, 2010)
• Recent Developments in Arbitration Unconscionability, Disputing (March 30, 2010)

Contracts Prof Blog Roundup: (in reversed order)

• Rent-A-Center West v. Jackson II: Respondent’s Brief (April 12, 2010)
• Introducing Karen Halverson Cross and the Arbitration Roundtable (April 13, 2020)
• Karen Halverson Cross: Guest Post on Rent-A-Center v Jackson (April 15, 2010)
• Guest Post by Christopher Drahozal on Rent-A-Center (April 15, 2010)
• Reply Brief in Rent-A-Center West v. Jackson (April 19, 2010)
• Guest Post by Karen Halverson Cross on the Rent-A-Center Reply Brief (April 19, 2010)
• The Next Phase in Challenges to Arbitration Provisions: David Horton in the UCLA Law Review (April 20, 2010)
• Embarrassment of Riches: Guest Post by David Horton (April 21, 2010)
• Synopsis of the Rent-A-Center Oral Arguments (April 27, 1020)
• Choice Quotations from the Rent-A-Center Arguments (April 27, 2010)
• Karen Halverson Cross: Impressions/comments on Rent-A-Center v Jackson Oral Argument (April 28, 2010)

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