Current Issue

This Article provides a brief overview of four developments in the last seven years--two judicial and two legislative--that each either have had or could have a profound effect on the…

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…