Arbitration Nation: Data from Four Providers

Forced arbitration has long been controversial. In the 1980s, the Supreme Court expanded the Federal Arbitration Act (FAA), sparking debate about whether private dispute resolution was an elegant alternative to litigation or a rigged system that favors repeat-playing corporations. Recently, these issues have resurfaced, as the Court has decided a rash of cases mandating that […]

Indescendibility

Supposedly, one of the most important sticks in the bundle of property rights is the power to transfer an asset after death. This Article explores objects and entitlements that defy this norm. Indescendibility-the inability to pass property by will, trust, or intestacy-lurks throughout the legal system, from constitutional provisions barring hereditary privileges, to statutes that […]