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83.4
Working Themselves Impure: A Life Cycle Theory of Legal Theories
Jeremy K. Kessler
Associate Professor of Law, Columbia Law School.
David E. Pozen
Professor of Law, Columbia Law School.

. For valuable comments on an earlier draft, we thank Will Baude, Seyla Benhabib, Jessica Bulman-Pozen, Josh Chafetz, Robert Ferguson, Joey Fishkin, David Fontana, Willy Forbath, Barry Friedman, Jeff Gordon, Bernard Harcourt, Olati Johnson, Laura Kalman, Jody Kraus, Daryl Levinson, Anna Lvovsky, Gillian Metzger, Henry Monaghan, Sarah Rajec, Steve Sachs, Fred Schauer, Pierre Schlag, Ian Shapiro, Ganesh Sitaraman, Larry Solum, James Stern, Peter Strauss, Cass Sunstein, Katie Tabb, Eric Talley, Calvin TerBeek, and Mark Tushnet, as well as workshop participants at Columbia Law School and William & Mary Law School. For helpful research assistance, we thank Kendall Collins and Mickey DiBattista.

I.  The Object of the Life Cycle Theory

Cost-Benefit Analysis Originalism Textualism
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83.4
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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83.4
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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83.4
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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83.4
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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83.4
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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83.4
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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83.4
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.