Arbitration as an Article of Constitutional Faith

6 Pages Posted: 5 Feb 2014 Last revised: 14 Feb 2014

James Ming Chen

Michigan State University - College of Law

Date Written: February 5, 2014

Abstract

Scarcely any legal question arises in the United States that is not resolved, sooner or later, through arbitration. If Alexis de Tocqueville could survey contemporary American legal culture, he would rub his eyes with amazement at the privatization of adjudication across a wide swath of issues previously committed to judicial resolution. From trade disputes posing serious questions of economic diplomacy to consumer contracts adhering to cell phones and credit cards, mandatory arbitration has displaced conventional adjudication. In the country that de Tocqueville characterized as driven by its dedication to constitutional lawmaking through litigation, arbitration has become a dominant form of dispute resolution with little if any direct doctrinal influence by federal constitutional law. This is the overriding theme of Peter B. Rutledge’s book, Arbitration and the Constitution (Cambridge, 2012).

Suggested Citation

Chen, James Ming, Arbitration as an Article of Constitutional Faith (February 5, 2014). MSU Legal Studies Research Paper No. 11-30. Available at SSRN: https://ssrn.com/abstract=2391075 or http://dx.doi.org/10.2139/ssrn.2391075

James Ming Chen (Contact Author)

Michigan State University - College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

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