Be Careful What You Wish For

Be Careful What You Wish For

Not long after we hit the “publish” button on our article The Myths Of Arbitration, we discovered that two federal judges had thoughtfully provided even more evidence that businesses should not reflexively insert arbitration clauses in their standard-form agreements.

The Myths of Arbitration

The Myths of Arbitration

Why does the Supreme Court think arbitration is so great? From our perspective, the Court’s repeated praise for the comparative virtues of arbitration as an alternative to litigation can only be explained by the likelihood that the justices have never been sullied by exposure to any actual arbitration proceeding. Maybe we need a justice or two who has faced dispute resolution in a public forum but also private arbitration.

Concurrences & Dissents

Concurrences & Dissents

I have opinions.

Lots of opinions, about lots of subjects. This blog is where I’m going to publish those opinions, at least the ones that relate to law in some way, and I hope it will be where you respond to those opinions.