Myriam Gilles, Arbitration Exceptionalism, available at SSRN. (Feb. 27, 2025). Pamela Bookman Privatization of traditionally public government functions is all the rage in the second Trump administration. The news is rife with suggestions of privatizing everything from delivering the mail to keeping airplanes aloft to tracking the weather. These developments seem consistent with the Supreme Court’s longtime trends of favoring privatization of their own bread and butter—public adjudication...
