OVER A CENTURY ago, Oliver Wendell Holmes, Jr. wrote, "The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law." This definition offered a refreshing realism. It directed those who sought the law to turn away from the abstract legal principles found in dusty books and toward the actual decisions of judges in courts.
Davis, Joshua P.
"Arbitration: Trial by Other Means or Settlement by Other Means?,"
University of San Francisco Law Review: Vol. 38
, Article 2.
Available at: http://repository.usfca.edu/usflawreview/vol38/iss1/2