Lee v. Fairfax County School Board

(1) Whether the Court should establish a uniform standard to determine the point at which large arbitration costs unconscionably hinder private litigants from vindicating their rights in order to settle the three-way split that has developed among federal circuit courts since the Court's decision in Green Tree Fin. Corp.-Alabama v. Randolph; (2) whether mandatory arbitration agreements, in which government employers compel employees to forego judicial forums as a condition of employment, amount to a violation of the fundamental substantive due process right to access to the judicial system, or, at the very least, whether government-mandated arbitration agreements should be subject to a higher standard of review than the unconscionability standard the Court announced in Green Tree Fin. Corp.-Alabama as being applicable to private arbitration agreements; and (3) whether a mandatory arbitration agreement is per se unconscionable under Green Tree Fin. Corp.-Alabama when it fails to provide mutual appeal rights to the parties.