June 01, 2011

Sua Sponte: A Judge Comments

A skeptical judge responds to the assertions in Reimagining Arbitration.

John L. Kane

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Courts have failed miserably to fulfill the promise of Federal Rule of Civil Procedure 1 to “be construed and administered to secure the just, speedy, and inexpensive determination of every action.” Litigation is too expensive for most individuals and enterprises to afford, and the just, speedy, and inexpensive determination of disputes is illusory. But is arbitration any better?

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