The Yale Law Journal

June 2015

Arbitration, Transparency, and Privatization

15 Jun 2015

Contextualizing and analyzing recent developments in U.S. arbitration regimes


Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights

Judith Resnik

Two developments frame this discussion: the demise of negotiated contracts as the predicate to enforcing arbitration obligations under the Federal Arbitration Act and the reorientation of court-based procedures to assimilate judges’ activities to t…


Arbitration and Americanization: The Paternalism of Progressive Procedural Reform

Amalia D. Kessler

This Feature joins recent scholarship suggesting that the Federal Arbitration Act of 1925 (FAA) emerged, at least in part, from a broader Progressive commitment to procedural reform. It departs, however, from the tendency among procedure scholars to co…


Arbitration’s Counter-Narrative: The Religious Arbitration Paradigm

Michael A. Helfand

Arbitration theory and doctrine are dominated by a narrative conceptualizing arbitration via reflection on the qualities of litigation. Litigation, the thought goes, is more procedurally rigorous, but takes longer and costs more; arbitration, on the othe…


Disappearing Claims and the Erosion of Substantive Law

J. Maria Glover

The Supreme Court’s arbitration jurisprudence from the last five years represents the culmination of a three-decade-long expansion of the use of private arbitration as an alternative to court adjudication in the resolution of disputes of virtually …