This article published in California Litigation, The Journal of the Litigation Section, State Bar of California, is republished with the permission of the California State Bar.

We are accustomed to a host of hot button issues that are part of United States Supreme Court jurisprudence: right to life/women’s right to choose; freedom to bear arms/gun control; exploitation of natural resources/environmental control; tightened /relaxed immigration laws; limitations on the right to vote/one person-one vote. Those issues are politically charged, and the Justices’ opinions, like magnetic filings, are pulled to left and right poles on the Supreme Court. But arbitration? Yes, prosaic as the subject may seem, arbitration too creates a political fault line and contention among the Justices.

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The Politics of Arbitration, by Marc D. Alexander, was first published in California Litigation. The views expressed therein are those of the author. They do not necessarily represent the views of the California Litigation.