This essay examines the Supreme Court’s decision in Epic Systems Corp. v. Lewis from an administrative law perspective. Epic Systems invoked the Federal Arbitration Act’s guarantee that agreements to arbitrate “shall be valid, irrevocable, and enforceable, save upon such grounds as exist...

This symposium essay has three parts. First, through an examination of his opinion for the Court in MCI Telecommunications Corporation v. AT&T, I show that Justice Scalia was skeptical of agency attempts to reconfigure statutes in the face of new problems using authority implied—though not...

This Essay examines the roles that federal administrative agencies have begun to play in response to the rise of private arbitration, particularly in the consumer and employment contexts. Such agency actions have included enforcement strategies designed to mimic the effects of private litigation...

This essay examines a new basis for the FCC’s jurisdiction over Internet-based networks and services — namely section 706 of the Telecommunications Act of 1996. The essay argues that, as interpreted by the courts, section 706 gives the Commission a potentially expansive jurisdiction over...