This article addresses the necessary and sufficient conditions of judicialization through a least likely case study: investment arbitration. Here, arbitrators are hired on a case-by-case basis. As a consequence, theory would predict they would develop little to no autonomy from states. Despite...

This Essay examines the roles that federal administrative agencies have begun to play in response to the rise of private arbitration, particularly in the consumer and employment contexts. Such agency actions have included enforcement strategies designed to mimic the effects of private litigation...

Hundreds of millions of consumer and employment contracts include arbitration clauses, class arbitration waivers, and other terms that modify the rules of litigation. These provisions ride the wake of the Supreme Court’s expansive interpretation of the Federal Arbitration Act (FAA). For...