Petitions of the day
Thepetitions of the day are:
Issue:Whether the Federal Arbitration Act pre-empts a state law that dictates onerous terms and conditions which must be included in private arbitration agreements between physicians and patients, and invalidates all agreements that do not contain those terms and conditions.
Issues:(1) Whether the Arizona Supreme Court erred in stretching the overbreadth test for facial unconstitutionality beyond the First Amendment context to strike down a bail restriction based on an application of the law not present in this case; and (2) whether the Arizona Supreme Court erred in applying heightened scrutinyone standard among five used in the lower courtsto strike down a state regulatory measure that denies bail if a judge, after a full adversarial hearing, finds clear proof that the arrestee raped a child.
Posted in Cases in the Pipeline
Cases: Hernandez v. Crespo, Arizona v. Martinez