Current Issue

When the Federal Arbitration Act ("FAA") was passed in 1925, it constituted an important Congressional endorsement of arbitration as an alternative to litigation in court and a major departure from…

This essay explores whether pre-dispute arbitration, frequently called mandatory arbitration, has outlived its welcome. The phrase "mandatory arbitration" is misleading because it connotes arbitration that is compelled by law regardless…

Let me begin by expressing my great personal regard for Dean Seligman, as well as the esteemed panel. This is a tough group to come before and call into question…

In January of 1996, the Arbitration Policy Task Force ("Task Force") of the National Association of Securities Dealers, Inc. ("NASD") delivered to the NASD Board of Governors its Securities Arbitration…

The Institute for Law and Economic Policy ("ILEP") was formed a little over two years ago, and as I said at our last conference, it is still not a household…

Earlier versions of the following Articles and Comments were presented at a conference sponsored by The University of Arizona College of Law, the Law College Association and the Institute for…

Today the class action stands at a crossroads that has eventuated from numerous causes, including the skill of both plaintiffs' and defendants' attorneys in expanding the scope of the class…