Overzealous adhesion contract drafters frequently try to deprive adhering parties of their remedies by grafting remedy-stripping provisions onto their arbitration clauses. Courts have not sufficiently analyzed such remedy-stripping clauses or attempted to craft a coherent and uniform approach to...

Until recently, it was understood that mandatory arbitration was a "do-it-yourself tort reform": corporate defendants could reduce their liability in consumer and employment disputes through an adhesion contract clause requiring pre-dispute arbitration. But now that there is a significant...