Cal. Litig. 2016, VOLUME 29, NUMBER 3
- Adr Update: Failure to Pay Arbitrator's Fees
- Coming Together: the California Supreme Court 2015-2016
- Direct and Cross-Examination
- Editor's Foreword a Move From the Silver Linings Playbook
- From the Section Chair the State Bar's Public Protection Mission—Protecting the Public from What?
- Goodbye to All That
- Litigation Section Executive Committee Past Chairs
- Past Editors-in-Chief
- Table of Contents
- The Court Bond Process: a Litigator's Guide on How to Explain Court Bonds to Your Clients
- Trial Lawyer Hall of Famer
- The Politics of Arbitration
The Politics of Arbitration
By Marc Alexander
We are accustomed to a host of hotbutton issues that are part of United States Supreme Court jurisprudence: right to life/women’s right to choose; freedom to bear arms/gun control; exploitation of natural resources/environmental control; tightened/relaxed immigration laws; limitations on the right to vote/one person-one vote. Those issues are politically charged, and the Justices’ opinions, like magnetic filings, are pulled to left and right poles on the Supreme Court. But arbitration? Yes, prosaic as the subject may seem, arbitration too creates a political fault line and contention among the Justices.
The legal/political fault line parallels an economic fault line that divides American businesses from their consumers and employees.