More on arbitration.

• Jurisdiction: United States
• Date: 01 April 2007
• Author: Longino, John

Parochialism, indeed, in arbitration! Arbitrations are the result of an experience-based predilection by potential parties (to what would otherwise be litigation) that the pool of potential judges isn't up to the task of resolving important issues well. The public's strong collective judgment in favor of arbitration may arise from the judicial selection process, which tends to entrench judges as a group of older lawyers from which have been culled those who (a) are capable (because of their talents) of...