abstract. In March 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act). The Act voids predispute arbitration clauses in cases involving sexual-misconduct allegations. The legislation—which earned bipartisan support—was a stunning victory for the #MeToo movement and critics of forced arbitration.
However, this Essay explores a design choice that limits the impact of the new law. Previously, Congress had restricted forced arbitration through standalone statutes that applied to all arbitration provisions within the scope of its legislative power. Conversely, federal lawmakers inserted the Ending Forced Arbitration Act within the Federal Arbitration Act (FAA). Thus, the Ending Forced Arbitration Act only governs if the FAA governs. But the FAA is subject to several exceptions. In turn, when a case falls through the cracks of federal arbitration law, state law applies. States generally have a reputation for being hostile to arbitration. But this Essay demonstrates that, counterintuitively, many states require arbitration where federal law now does not. Accordingly, the Essay outlines what Congress, state lawmakers, and courts can do to prevent allegations of sexual misconduct from being sent to private dispute resolution.
On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act).1 The Act is the first major...
In 2025, U.K. insurers found fewer bogus claims than in 2024, but the cases they intercepted tended to involve more money. According to The Independent, insurers stopped 1.34 billion (about $1.77 ...