The Second Circuit erred when it claimed difficulty in overstating the federal policy favoring
arbitration. Courts overstate this policy regularly, often with disastrous consequences for …

Jurisdictional competition for legal business is intense. States in the United States have long
competed for legal business,'and the phenomenon is growing in Europe. 2 Attorney-fee …

The Federal Rules of Civil Procedure (FRCP) are celebrating their seventieth anniversary,
yet one of those rules, Rule 68-the Offer of Judgment rule-is still a mystery. Rule 68 has …

Owen Fiss chose a great title for his article, Against Settlement.'Without even reading the
associated article, most readers are provoked into immediate sympathy or antipathy. 2 I …

Abstract Across the United States, state legislatures are issuing new mediation mandates
that govern how private parties resolve their disputes. Legislatures embed these mediation …

Observers typically cast litigation and arbitration in contrast to one another. Litigation takes
place under off-the-rack rules prescribed by public law-for the federal courts, the Federal …

For four decades, the diversity rationale has offered a lifeline to affirmative action in higher
education. Yet even after forty years, this critical feature of equal protection doctrine remains …

In most Western legal systems, a party who prevails in litigation is generally entitled to
indemnification from the losing party for at least part of his or her economic costs of …

There was a time not too long ago when it was accurate to say that research on the actual
workings of the tort law system was sparse, uneven, and unsophisticated, particularly in …

Robert Kagan introduced the concept of" adversarial legalism" into academic discourse in
1991, and the concept gained currency in 2001 with his publication of a book of the same …