Often parties dispute the arbitrability of a dispute, leading to the question of who has jurisdiction—the court or the arbitrator. Some may worry that the inclusion of an arbitration clause makes a dispute always arbitrable. However, the “law provides protection
Continue Reading Who’s in Charge? Trial Court v. Arbitrator Jurisdiction
As every lawyer knows, solid arguments are built on a combination of precedent and history—either urging the court to follow what it or other courts have done in the past, or to avoid prior decisions through distinction in the present application or context. Thus, in asking a court to engage in constitutional or statutory interpretation, what role does the “history and tradition” of the underlying text play in the analysis?
Continue Reading Is history the best teacher?