|
|
Article: Democracy and dispute resolution: the problem of arbitration.(Symposium: Mandatory Arbitration)
- Article from:
- Law and Contemporary Problems
- Article date:
- January 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
I
INTRODUCTION
Scholars have approached arbitration, especially under the Federal Arbitration Act, (1) from a variety of perspectives, including doctrinal, (2) historical, (3) empirical, (4) and practical. (5) One aspect that has not yet been fully considered, however, is the relationship between arbitration and constitutional democracy. (6) Yet, as a dispute-resolution process that is often sanctioned by the government, (7) that sometimes inextricably intertwines governmental and private conduct, (8) and that derives its legitimacy from the government, (9) it is appropriate--indeed, our responsibility--to ask whether arbitration furthers the goals of ...