From our wonderful FOI Brian Farkas (Cardozo):
U.S. Supreme Court appointments are back in the headlines, making this a perfect week for the Cardozo Law Review to publish its special Appointments Issue on the transition from Justice Ruth Bader Ginsburg to Justice Amy Coney Barrett. The full issue is available here. Articles include perspectives on Justice Ginsburg’s legacy, proposals for Court reform, critiques of the confirmation process, and forward-looking pieces on what Justice Barrett’s tenure will bring.
For ADR enthusiasts, I wrote a piece entitled, “Arbitration at the Court: The FAA from RBG to ACB.” It explores Justice Ginsburg’s legacy in arbitration law, particularly her major dissents in employment arbitration cases. It also surveys all six of the arbitration-related cases that then-Judge Barrett heard during her time on the U.S. Court of Appeals for the Seventh Circuit, and offers some reflections on what her tenure on the Supreme Court could mean for the future of arbitration.
For those of you teaching arbitration this spring, I hope that this piece could serve as a useful resource. Hope everyone has an easy start to the semester!