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November 26, 2018|Arbitration, Common Law, experts, Federal Arbitration Act, optimal contract, surplus

The Rise of the Freedom to Arbitrate

by John O. McGinnis|

Image: zimmytws/shutterstock.com
If consumers want to buy the lottery ticket that litigation in court often provides, they can do so at their local convenience store.

December 10, 2014|Arbitration, Federal Arbitration Act, Gary Born

Arbitrator of the World

by Michael S. Greve|

I’ve long wanted to understand and maybe write about international commercial arbitration. It’s of enormous economic importance and hugely interesting as a matter of legal theory—especially if you’re skeptical of legal positivism (as I am) and fond of contractual arrangements and competition among legal systems (ditto). The American system, post-New Deal, traps commercial actors in multiple hostile legal forums: that’s Erie Railroad, which is organized hell. The international commercial system seems to be that parties choose an impartial, exclusive forum by contract, which sounds heavenly by comparison. How exactly does that work? Unfortunately I’m no expert, and unlikely to become one.

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February 11, 2014|Arbitration, Article I Judges, Article III Courts, Bankruptcy Judges, Executive Benefits Insurance Agency v. Arkison, Federal Magistrate Judges, Individual Liberty, Northern Pipeline Construction Co. v. Marathon Pipe Line Co., Separation of Powers, Stern v. Marshall

The Connection Between Individual Liberty and Article III Courts

by Todd Zywicki|

On January 14, the Supreme Court heard oral arguments on an issue that may seem somewhat dry and technical to the average person, whether parties to a bankruptcy case can consent to have a Bankruptcy Judge enter a final order resolving their claims in a bankruptcy case. Contrary to the seemingly narrow and special nature of the issue, however, the outcome of the case could have profound implications for individual rights and the administration of justice in the federal courts.

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August 26, 2013|Arbitration, Attorney Fees, Center for Class Action Fairness, Class Actions

Reforming Class Action Abuse

by Ted Frank|

This Liberty Law Talk is with Ted Frank on reforming class action litigation and, in particular, the settlements plaintiffs receive under the current system. Frank, the founder of the Center for Class Action Fairness, argues that class-action suits contribute little to plaintiffs and substantially benefit only their lawyers. Monitoring and agency problems reign because most plaintiffs lack the incentives to ensure that the class's lawyers are actually representing their interests and not the lawyer's monetary desires. We also discuss the turn to arbitration by companies as an exit from class actions and Frank's work that contests egregious attorney fee awards…

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June 28, 2013|Arbitration, Dispensing Power, Immigration Reform, Prison Reform, Shelby County, Windsor

Friday Roundup, June 28th

by Richard M. Reinsch II|

Arbitration has obviously been in the news lately with the Court recently upholding in America Express v. Italian Colors that arbitration clause class action waivers are enforceable despite the high costs of bringing an individual claim in many instances. In our Books section this week, Jim Chen's essay "Arbitration as an Article of Constitutional Faith" reviews Peter Rutledge's Arbitration and the Constitution. Chen focuses on the tension between the procedural rights of the Constitution and arbitration itself. David Henderson at Econ Lib provides an interesting review of prison sentencing reform in unlikely places. Roundup of Windsor analysis: Randy Barnett, Sandy Levinson, Michael…

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June 23, 2013|Arbitration, Article III Courts, Federal Arbitration Act, Federalism, NAFTA, Presidential Appointments, Separation of Powers

Arbitration as an Article of Constitutional Faith

by Jim Chen|

Scarcely any legal question arises in the United States that is not resolved, sooner or later, through arbitration.  If Alexis de Tocqueville could survey contemporary American legal culture, he would rub his eyes with amazement at the privatization of adjudication across a wide swath of issues previously committed to judicial resolution.  Cf. Alden v. Maine, 527 U.S. 706, 807 (1999) (Souter, J., dissenting); Federal Maritime Comm'n v. South Carolina State Ports Auth., 535 U.S. 743, 755 (2002).  From trade disputes posing serious questions of economic diplomacy to consumer contracts adhering to cell phones and credit cards, mandatory arbitration has displaced…

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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