Christopher M. Mason, a partner with Nixon Peabody, and Devon Haft Little and Sherli Yeroushalmi, associates at the firm, write that the U.S. Supreme Court has recently been struggling with a problem not unlike that of Goldilocks: there are many disputes before them, but rather than being too hot or too cold, some of those disputes are too big to be lawsuits or arbitrations, and others are too small not to be lawsuits (as opposed to arbitrations). And some are "just right."
Supreme Court Addresses Problems of Size
New York Law Journal
June 10, 2013