Friday Roundup, June 28th

  • Arbitration has obviously been in the news lately with the Court recently upholding in America Express v. Italian Colors that arbitration clause class action waivers are enforceable despite the high costs of bringing an individual claim in many instances. In our Books section this week, Jim Chen’s essay “Arbitration as an Article of Constitutional Faith” reviews Peter Rutledge’s Arbitration and the Constitution. Chen focuses on the tension between the procedural rights of the Constitution and arbitration itself.
  • Sean Trende challenges the leading lights of the Stupid party: Parts I, II, III.