A vigorous debate is underway about privatization through mandatory arbitration. One group
thinks that it is an efficient mode of dispute resolution. Another group believes that access to …

The business of providing adjudication services for international commercial disputes-
whether through courts, arbitration, or alternative dispute resolution (ADR) mechanisms-is a …

Contract's empire of forms, on a generations-long march, continues to conquer new territory.
Not content with dominating the worlds of commercial law and finance, written contracts now …

On March 14, 1972, a short article on page fifty of the New York Times noted an AFL-CIO
press conference held to call attention to a new cancer" afflicting an increasing number of …

Every legal dispute is unique. At a sufficiently fine-grained level, of course, the underlying
facts of every case make it one-of-a-kind, but disputes also differ from each other along other …

Conventional wisdom portrays contracts as static distillations of parties' shared intent at
some discrete point in time. In reality, however, contract terms evolve in response to their …

During the first half of the last century, plaintiffs seeking to prove trademark infringement
knew what they had to do. The lynchpin of trademark litigation is consumer confusion, so a …

In recent years, policymakers in Congress and federal administrative agencies have begun
to perform a fundamentally new function: regulating arbitration agreements and other" …

When a lawsuit has a connection to more than one jurisdiction, a judge called upon to
resolve the dispute must perform a conflict-of-laws analysis to determine which jurisdiction's …

This Article is about the future of shareholder litigation. Calibrating the amount and form of
shareholder litigation is one of the most vexing problems in corporate and securities …