The FAA Triumphal: A Modest Opinion

Abstract

Charles A. Sullivan and Timothy P. Glynn

Following in the tradition of utilizing unconventional methods to confront important legal issues, this article offers a critique of the Supreme Court's jurisprudence under the Federal Arbitration Act in the guise of an opinion penned by Justice Antonin Scalia. While the authors take minor liberties with the Justice's style and legal analysis, this parody is, at base, a serious engagement with both the substance of the Court's arbitration doctrine and its statutory interpretation methodology. Albeit satirical, the opinion drives home the disturbing lengths to which the Court has deployed - and could continue to deploy -- the FAA to supplant traditional court processes across substantive areas.