Law Quarterly

The Problem of Judicial Efficiency


Jurisprudence has long obeyed the criteria of fidelity to body of law incorporating statutes, precedents, and of course the Constitution. The Federal Arbitration Act (FAA) of 1925 was enacted in response to widespread judicial hostility to arbitration, a process by which parties refer, usually voluntarily, their disputes to be resolved informally by a third party based on the arguments and evidence they present. This has led to disagreements in recent years over whether arbitration as specified in consumer contracts are enforceable, finding its way to the Supreme Court. The issue itself isn’t arbitration, but what it entails- class-action waivers. The decisions in the cases are part of a larger trend towards judicial efficiency through arbitration and the transformation of class-action suits. (more…)