Question

1. State a situation where state law is preempted by federal regulation.

2. Does the Federal Arbitration Act (FAA) override a state law vesting initial decision making authority to a court or administrative agency?

3. Sociological jurisprudence has a tendency to say that, when interpreting and applying the law, courts should pay attention to changing social values and let the law reflect those new values. How is this different from the natural law approach, which also talks about values?

4. Mark, an untenured Assistant Professor of Business Law at a public university, is fired from his job for supposedly misbehaving with students in class. Since the firing took place without any kind of hearing, Mark wants to challenge it on procedural due process grounds. Will Mark's claim succeed? Assume that the university did not publicize the reasons for Mark's discharge, and will not tell anyone why he was discharged.

Answer 1

Answer:

1) In the case of Preston vs Ferrer, the Supreme court held that when arbitration is agreed by disputing parties, the matter is controlled as per FAA. So, even though state law may be applicable and give decision-making authority to court or administrative agency, but it is governed through the FAA.

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