Professor Kristen Blankley will be publishing her article, Impact Preemption: A New Theory of Preemption Under the Federal Arbitration Act in the Florida Law Review.
Her Article examines the history and purposes of the Federal Arbitration Act (FAA) and concludes that flaws in early Supreme Court jurisprudence has expanded preemption to new and unexplained bounds. The Article recommends that the Supreme Court reconsider its jurisprudence and return to a traditional conflict preemption analysis under the FAA.