USF St. Petersburg campus Honors Program Theses (Undergraduate)
First Advisor
Irwin Jay Katz, Ph.D.
Publisher
University of South Florida St. Petersburg
Document Type
Thesis
Publication Date
2025
Date Issued
December 2025
Abstract
This thesis examines the growing use of mandatory arbitration clauses in adhesion contracts and argues that their widespread enforcement has undermined consumer and employee access to justice. Through an analysis of contract law, the Federal Arbitration Act (FAA), Supreme Court jurisprudence, empirical research, and ethical theory, the study explores how arbitration clauses have evolved from a voluntary dispute resolution mechanism into a tool frequently used by corporations to limit liability, suppress collective legal action, and avoid public accountability. The thesis evaluates the doctrine of unconscionability as a critical safeguard against unfair contractual provisions, highlighting how procedural and substantive inequalities often deprive consumers and employees of meaningful consent and effective legal remedies. While acknowledging the legitimate efficiency benefits of arbitration, the research contends that current FAA interpretations favor contractual enforcement at the expense of fairness, transparency, and access to courts. To restore balance, the thesis proposes a series of reforms, including codifying unconscionability standards within the FAA, establishing uniform federal fairness requirements, expanding statutory exemptions for claims involving fundamental rights, enhancing transparency and judicial oversight, and creating a federal arbitration oversight agency. Ultimately, the study argues that arbitration should remain available as an efficient alternative dispute resolution process, but only when implemented in a manner that preserves genuine consent, protects vulnerable parties, and upholds the core principles of justice and accountability. [shifflettb...s II Final | PDF]
Recommended Citation
Shifflett, Brooke, "Contracted Out of Justice: The Role of Arbitration Clauses in Undermining Consumer Rights" (2025). USF St. Petersburg campus Honors Program Theses (Undergraduate).
https://digitalcommons.usf.edu/honorstheses/289
Comments
A thesis submitted in partial fulfillment of the requirements of the University Honors Program University of South Florida, St. Petersburg December 1, 2025.