SCOTUS Arbitration Symposium

The SCOTUS blog hosts an impressive symposium on the law of arbitration. A score of pieces from active participants in the practice and literature are collected, covering a wide range of vital topcis. 

Among my favorites is this one by Hiro Aragaki of on how the Court’s jurisprudence is a regression to status, not an embrace of contract.  My own piece explores the costs of the Court’s misleading habit of packaging its cases in this area in the rhetoric of freedom of contract. 

Some pieces (e.g., Jean Sternlight, Brian Fitzpatrick) rivet closely on the future of class actions in light of the recent AT&T v. Concepcion case while others range more broadly over the Court’s approach to the field (e.g., Thomas Stipanowich, Myriam Gilles).

Reading these pieces reinforces a view, held by many and summed up by Cliff Palefsky in his contribution, that the Court’s jurisprudence in this area is “one of the low points in the Court’s history.” In my view, that is charitably put.

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