It strikes me, Professor Drahozal, that there is a lot of import to the statement that you made--I think I have it exactly right because I wrote it down just as you said it--'nobody is going to agree post-dispute to an arbitration clause.'
Whitehouse emphasizes the rarity of agreeing to arbitration clauses after a dispute.
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We have an individual who is here seeking confirmation to one of the highest judicial offices in the land.
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