Introduction

In Southland Corp. v. Keating , the United States Supreme Court held that the Federal Arbitration Act (FAA) applies in state court and preempts conflicting state laws. 465 U.S. 1, 16 (1984). Southland has proven to be a controversial decision, both because of its analysis (or lack thereof) of the legislative history of the FAA and because of its restrictive effect on the power of states to regulate arbitration. E.g. , id. at 25-28, 35 (O'Connor, J., dissenting). Nonetheless, the Court has "repeatedly reaffirmed" Southland , and has ...