This Article forms part of a broader research agenda that studies the relationship between arbitration and constitutional law. Taking its cue from the recent Canadian Softwood Lumber dispute over the constitutionality of NAFTA's dispute resolution boards, this paper asks a broader question:...

This paper builds on Larry Ribstein's path‐breaking work concerning the role of lawyers and bar associations in jurisdictional competition and law production. According to Ribstein, unauthorized practice of law (UPL) rules, which create barriers to entry preventing out‐of‐state attorney...

This paper uses a newly available database of consumer credit card agreements to take the first, in-depth empirical look at why credit card issuers use arbitration clauses. Based on a sample of credit card agreements made available by 298 issuers under the Credit Card Accountability...

This white paper provides lawmakers and their staffs with a counterpoint to the Public Citizen Report and sets forth the case, grounded in empirical research, for why arbitration is a good deal for consumers

Recent political science scholarship has shed new light on the largely unexplored role of clerks at the United States Supreme Court. Two recent books (Sorcerers' Apprentices and Courtiers at the Marble Palace), written in the school of the new institutionalism, argue that the clerks' roles have...

Judicial decisionmaking consists of two sets of choices – (1) how to resolve the issues in a case and (2) how to decide the order in which those issues will be resolved. Much legal scholarship focuses on the first question; too little focuses on the second. This Article aims to fill that gap....

Over the past several decades, scholars and policymakers have debated the future of arbitration in the United States. Those debates have taken on new significance in the present Congress, which is considering a variety of reform proposals. Among the most widely watched are ones that would...

This Article contributes to an ongoing debate, afoot in academic, legal, and policy circles, over the future of consumer arbitration. Utilizing a newly-available database of credit card agreements, the article offers an in-depth examination of dispute resolution practices within the credit card...