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Privatizing Justice

- Arbitration and the Decline of Public Governance in the U.S
Af: Sarah Staszak Engelsk Paperback

Privatizing Justice

- Arbitration and the Decline of Public Governance in the U.S
Af: Sarah Staszak Engelsk Paperback
Tjek vores konkurrenters priser
One of the primary goals of the 1970s-era conservative legal movement was to undo New Deal policies that favored labor at the expense of capital. One of the movement''s most effective strategies turned out to be advancing bipartisan legislation on arbitration and convincing the courts that settling disputes that way was preferable to litigation. Today, most consumers and employees today are bound by arbitration agreements, in which they are required to submit all future grievances to a private, binding system of arbitration and forfeit access to the legal system. Arbitration as originally conceived well over a century ago, however, stands in stark contrast to the arbitration in practice today. What changed is that Congress, the Supreme Court, and the private sector began to promote its use in the late twentieth century as a means of protecting corporate and other powerful institutional defendants from the costs of litigation and government regulation itself.How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between entities of equal bargaining power to a private, non-reviewable, compulsory forum for resolving disputes between individuals and corporations, often on unilateral terms? By examining the broader institutional, political, and legal dynamics that shaped and enabled these processes of change over the past 150 years, Privatizing Justice examines how this transformation came about. The product of a broad range of actors and institutions interacting with each other--Congress, presidents, the courts, the administrative state, interest groups, and the business community-the system that emerged has not only transformed the American state in profound ways but exacerbated economic inequality and eroded democracy.
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One of the primary goals of the 1970s-era conservative legal movement was to undo New Deal policies that favored labor at the expense of capital. One of the movement''s most effective strategies turned out to be advancing bipartisan legislation on arbitration and convincing the courts that settling disputes that way was preferable to litigation. Today, most consumers and employees today are bound by arbitration agreements, in which they are required to submit all future grievances to a private, binding system of arbitration and forfeit access to the legal system. Arbitration as originally conceived well over a century ago, however, stands in stark contrast to the arbitration in practice today. What changed is that Congress, the Supreme Court, and the private sector began to promote its use in the late twentieth century as a means of protecting corporate and other powerful institutional defendants from the costs of litigation and government regulation itself.How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between entities of equal bargaining power to a private, non-reviewable, compulsory forum for resolving disputes between individuals and corporations, often on unilateral terms? By examining the broader institutional, political, and legal dynamics that shaped and enabled these processes of change over the past 150 years, Privatizing Justice examines how this transformation came about. The product of a broad range of actors and institutions interacting with each other--Congress, presidents, the courts, the administrative state, interest groups, and the business community-the system that emerged has not only transformed the American state in profound ways but exacerbated economic inequality and eroded democracy.
Produktdetaljer
Sprog: Engelsk
Sider: 304
ISBN-13: 9780197771730
Indbinding: Paperback
Udgave:
ISBN-10: 0197771734
Udg. Dato: 29 aug 2024
Længde: 19mm
Bredde: 157mm
Højde: 235mm
Forlag: Oxford University Press Inc
Oplagsdato: 29 aug 2024
Forfatter(e): Sarah Staszak
Forfatter(e) Sarah Staszak


Kategori Voldgift, mediering og alternativ konfliktløsning


ISBN-13 9780197771730


Sprog Engelsk


Indbinding Paperback


Sider 304


Udgave


Længde 19mm


Bredde 157mm


Højde 235mm


Udg. Dato 29 aug 2024


Oplagsdato 29 aug 2024


Forlag Oxford University Press Inc

Kategori sammenhænge