How Arbitration Clauses are Stripping American Citizens of Their “Right to Go to Court”
I’ve followed the dangerous trend of the increased corporate use of arbitration clauses in contracts for several years now, and yesterday’s New York Times investigation into their civil liberties destroying nature, is one of the best pieces I’ve seen on the subject to date.
What’s so fascinating about this article, is it goes all the way back to the origins of the practice, during which lawyers representing big banks got together with Philadelphia attorney Alan S. Kaplinsky, to strategize on how best to write class-action bans into arbitration clauses. It also explains how current Supreme Court Chief Justice John Roberts had been actively petitioning the high court to uphold such bans while he was a corporate lawyer, and then led the way to a 5-4 decision to solidify the bans after becoming Chief Justice…
Read more here.
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