Vol. 118 No. 4

Civil Procedure
Article

DELEGATING PROCEDURE

Matthew A. Shapiro*

The rise of arbitration has been one of the most significant develop­ments in 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 critique is that civil procedure, in contrast to arbitration, does not delegate sig­nificant state[...]

Election Law
Essay

NETWORKING THE PARTY: FIRST AMENDMENT RIGHTS AND THE PURSUIT OF RESPONSIVE PARTY GOVERNMENT

Tabatha Abu El-Haj*

This Essay argues that the Supreme Court’s political party jurisprudence is predicated on a set of theoretical assumptions that do not hold true in the real world of contemporary American politics. The Court’s jurisprudence is grounded in a theory of democratic accountability—known as “responsible party government”—which views political parties primarily as speakers and presumes that electoral accountability emerges from the choice[...]