"Professor Rutledge’s Arbitration and the Constitution offers a thoughtful and provocative study of what, in the United States, are surprising companions... [He] combines a rich historical and doctrinal study with incisive observations and provocative prescriptions, all informed by practical experience in both domestic and international arbitrations." --Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP, reviewing for Kluwer Arbitration Blog
Part I. Arbitration and Separation of Powers: 1. Article III and judicial review; 2. Executive power and the arbitral award; Part II. Arbitration and Federalism: 3. Preemption and the residual role of state law; 4. The significance of party choice; Part III. Arbitration and Individual Rights: 5. State action and due process; 6. The jury right.