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The rise of arbitration has been one of the most significant developmentsin civil justice. Many scholars have criticized arbitration for, among other things, “privatizing” or “delegating” the state’s dispute-resolution powers and allowing private parties to abuse those powers with virtual impunity. An implicit assumption underlying this critiqueis that civil procedure, in contrast to arbitration, does not delegate significant state power to private parties.

This Article challenges that assumption and argues that we can address many of the concerns about arbitration by drawing on civil procedure’s solutions to its own delegation problem. From summonses to subpoenas to settlements, civil procedure pervasively …

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Delegating Procedure, Matthew A. Shapiro

Matthew Shapiro