Cautionary Lessons from American Securities Arbitration: Litigation versus Arbitration

In the United States, it is now quite common for lawyers and others to bemoan what is often referred to as \u27the litigation crisis. \u27 No less an authority than former Chief Justice Warren Burger has long complained that American courts \u27have become overburdened\u27 by too may lawsuits... Similarly, the Report of the prestigious American Bar Association\u27s Commission on Professionalism recommends expanded use of arbitration in lieu of a norrnal trial before a judge and lay jury. There should be no rush to judgment favouring arbitration. In the first place, it is not at all clear that there is a litigation crisis in the United States

\u3cem\u3eKing v. Burwell\u3c/em\u3e and the Rise of the Administrative State

The Patient Protection and Affordable Care Act—popularly called either the “ACA,” or “Obamacare” by opponents, proponents, and even the White House—is a complex law totaling nearly a thousand pages in length. The litigation now before the Supreme Court in King v. Burwell presents, on the surface, a simple issue of statutory interpretation. However, that surface has a very thin veneer. If the Court allows administrators carte blanche to change the very words of a statute, we will have come a long way towards governance by bureaucrats. Over the years, Congress has delegated many of its powers, but it has never delegated the power to raise taxes or spend tax subsidies in ways that no statute authorizes

Epilogue to Prime Time Law: Fictional TV Lawyers and Their Impact on America — From Perry Mason and L.A. Law to Law & Order and Ally McBeal

Epilogue to Robert M. Jarvis and Paul R. Joseph\u27s Prime Time Law: Fictional TV Lawyers and Their Impact on America -- From Perry Mason and L.A. Law to Law & Order and Ally McBeal .https://digitalcommons.chapman.edu/law_books/1001/thumbnail.jp