Jackson v. Shakespeare Foundation, Inc : Can Florida Courts Circumvent Precedent Set by the Supreme Courts of the United States and Florida Regarding the Enforcement of Arbitration Provisions?
This note places the Florida Supreme Court's Jackson v. Shakespeare Foundation, Inc. decision in the context of federal and state law and makes an attempt to explain why the court was compelled to issue a ruling that, at least on the surface, would appear to many to be “unfair.” This note then discusses and analyzes whether there lies within current law a way for lawyers to argue for, or judges to frame an opinion in, a legitimate manner that avoids this seemingly unjust result requiring parties to arbitrate disputes pursuant to agreements that were induced by fraud.14 Part II of this note provides a background discussion on the Federal Arbitration Act15 (“FAA”) and some of the Supreme Court of the United States' jurisprudence on the FAA, for the purpose of later discussion on the role that federal law may have played in Jackson. Part III provides a discussion of the Florida cases that lead up to the Jackson ruling. Part IV is an analysis of how the case law discussed in Parts II & III shaped the Jackson decision. Part V explores arguments that lawyers and judges might make using current law in order to avoid enforcing arbitration clauses in cases where the arbitration provision lies within a contract that was entered into through illicit means. Part VI concludes by determining that the Florida Supreme Court purposefully aligned Florida arbitration law with federal arbitration law, but argues that Florida's lower courts may not necessarily be compelled to reach the same result in future cases with fact patterns similar to that in Jackson v. Shakespeare Foundation, Inc
Year of publication: |
2015
|
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Authors: | Tompkins, Craig |
Publisher: |
[2015]: [S.l.] : SSRN |
Subject: | USA | United States | Geschlechterdiskriminierung | Gender discrimination | Rechtsprechung | Court decisions | Verfassungsgericht | Constitutional court |
Saved in:
freely available
Extent: | 1 Online-Ressource (46 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: University of Miami Law Review, Vol. 69, 2014-2015 Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments February 10, 2014 erstellt |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10013033968
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