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The Paradox of Access Justice, and Its Application to Mandatory Arbitration
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, The University of Chicago Law School.

I am grateful to Michael Abramowicz, Oren Bar-Gill, Ryan Bubb, William Hubbard, Adam Levitin, Hans-Wolfgang Micklitz, Barak Richman, Raaj Sah, Sonja Starr, David Weisbach, Lauren Willis, Kathy Zeiler, and workshop participants at Boston University, The University of Chicago, the Institute for Advanced Study in Berlin, Northwestern University, Sciences Po in Paris, and the University of Toronto for commenting on an earlier draft, and to Irit Brodsky and Holly Newell for research assistance.

I.  Access Justice and Redistribution

A.    The Regressive Possibility

Arbitration Consumer Law Law and Economics
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In Memoriam: Abner J. Mikva (1926–2016)
David A. Strauss
Gerald Ratner Distinguished Service Professor of Law, The University of Chicago Law School.

I first heard of Abner Mikva when I was a college student on the East Coast.

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In Memoriam: Abner J. Mikva (1926–2016)
Geoffrey R. Stone
Edward H. Levi Distinguished Service Professor of Law, The University of Chicago Law School.

In a radio address to America in 1931, George Bernard Shaw startled his audience with the following proposition: “Every person who owes his life to civilized society, and who has enjoyed . . .

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In Memoriam: Abner J. Mikva (1926–2016)
Newton N. Minow
Senior Counsel, Sidley Austin, LLP; Former Chairman, Federal Communications Commission.

I was blessed to have Ab in my life from the very beginning.

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In Memoriam: Abner J. Mikva (1926–2016)
Ronald S. Miller
Partner, Miller Shakman & Beem, Chicago, Illinois.

Other contributors to this special issue celebrating the life of Abner Mikva will cover his many extraordinary accomplishments from another point of view. His story is truly a version of the “American Dream” writ large.

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In Memoriam: Abner J. Mikva (1926–2016)
Jack Marco
Treasurer, Mikva Challenge Foundation; Former Campaign Manager, Citizens for Mikva.

It all began for me in the fall of 1968. My hair was longer and a lot darker. I was just out of school and about to start my career as a teacher at Bloom Township High School.

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In Memoriam: Abner J. Mikva (1926–2016)
Elena Kagan
Associate Justice, Supreme Court of the United States.

I owe Ab Mikva a lot. He gave me my first real job, which was clerking for him. He recommended me for my second job, clerking for Justice Thurgood Marshall.

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In Memoriam: Abner J. Mikva (1926–2016)
Adam O. Emmerich
Adam O. Emmerich is a 1985 graduate of the Law School, and a partner at Wachtell, Lipton, Rosen & Katz in New York. He clerked for Judge Abner Mikva in 1985–86. Special thanks to my coclerks, Ronald D. Lee, of Arnold & Porter LLP, and Professor Andrew Leipold, the Edwin M. Adams Professor of Law at the University of Illinois College of Law, for their friendship and support, and their comments on this piece.

In death, as in life, Abner Mikva has been an inspiration to me.

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In Memoriam: Abner J. Mikva (1926–2016)
Douglas G. Baird
Harry A. Bigelow Distinguished Service Professor of Law, The University of Chicago Law School.

By the time I came to the Law School, Abner Mikva was firmly ensconced as a judge on the DC Circuit. He was one of the white-haired legal giants standing beside the likes of Judges Skelly Wright and David Bazelon, someone who looked as if he had always worn a judicial robe.

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In Memoriam: Abner J. Mikva (1926–2016)
Kenneth L. Adams
Partner, Adams Holcomb LLP, Washington, DC.

I first met Abner Mikva in May 1970, when he was a forty-four-year-old freshman congressman representing Hyde Park, Woodlawn, and South Shore.

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