He is trying to deal with the huge backlog of cases at the Supreme Court by encouraging arbitration.
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The Solicitor General cites prior Supreme Court decisions that suggest some arbitration agreements go too far.
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But the Supreme Court was careful to say that arbitration should look and feel just like a judicial case.
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The Supreme Court took up the question of arbitration again yesterday in the case of Oxford Health Plans vs.
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Mandatory arbitration programs like Hooters' proliferated after the Supreme Court essentially endorsed the concept in 1991.
Most notably, a Supreme Court ruling last year strengthened companies' ability to use mandatory arbitration, a dispute-resolution process designed to keep consumer cases out of court.
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The Supreme Court let that decision stand this month, and it recently heard arguments in another arbitration case.
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