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Yale Law Journal - Lawmaking in the Shadow of the Bargain: Contract Procedure as a Second-Best Alternative to Mandatory Arbitration
case to “the present circumstances.” Even worse, if lower courts attempt to extend Bush v. Gore to present circumstances, then they may interfere in
out in their heyday. There is a long-running debate over the specific causes of this decline in unionization. The leading theories point to increasing
praising their own transparency. They can use the declassified documents as evidence for their claims and benefit from a false sense of credibility
shareholder-primacy theory, nexus-of-contracts theory, and team production theory. The aim is not to provide a comprehensive account of their
view, some parties find themselves subject to the procedural uncertainties of arbitration without truly waiving their right to pursue litigation
acted more like a lap dog than a legislature. Like most other observers within the legal academy, I’m appalled by these developments. But they also
instantly outdated? Each of these ideas can be accurately described as the invention; they differ only in their level of abstraction. There is no objectively
instead, there was no privacy-based competition between the merging parties, then integrationist theory would deem any privacy concerns related to the