Arbitration

From Critiques Of Libertarianism
Jump to: navigation, search

Libertarians promote privatization of justice through arbitration. Supposedly it is more economical, but it is obviously biased towards employers who require workers to give up rights to take disagreements to court. It is also a common method for business to keep customers out of courts.

If libertarians really believed that arbitration was just, they could insist that arbitration clauses allow the two parties to flip a coin to see which would choose the arbitrator. But because libertarians are really interested in privatization of power by the wealthy, that will not happen.

Links

Economism and Arbitration Clauses [More...]
"It’s unlikely that anyone actually believes that consumers understand arbitration clauses and take them into account when making buying choices. These arguments aren’t meant to be taken seriously. They are air cover for banking executives who like taking advantage of customers and politicians who want to do favors for the financial lobby. That’s the purpose of economism, and why it continues to be so influential." They are just parts of adhesion contracts.
How The Justice System Is Rigged Against These Cheerleaders Suing The Raiders For Wage Theft [More...]
A private attempt to create a kangaroo court that can ignore labor law. Supreme Court Justice Elena Kagan says (of another case): “The monopolist gets to use its monopoly power to insist on a contract effectively depriving its victims of all legal recourse."
The arbitration epidemic [More...]
"The [Supreme] Court has enabled large corporations to force customers and employees into arbitration to adjudicate practically all types of alleged violations of countless state and federal laws designed to protect citizens against consumer fraud, unsafe products, employment discrimination, nonpayment of wages, and other forms of corporate wrongdoing."
The Right to Have Rights [More...]
An overview of In Praise of Litigation by Alexandra Lahav. Our rights to sue are slowly being limited, not just by “litigation reform” acts but particularly by Supreme Court decisions that made it harder for plaintiffs to challenge secret wrongdoing by companies, enhanced government officials’ immunity from private lawsuits, enforced mandatory arbitration clauses in standard form contracts, limited the jurisdictional reach of federal courts, etc. The common theme is increasing restrictions on the ability of ordinary people (or small businesses in some cases) to challenge illegal actions by large companies and governments.
Thrown Out of Court: How corporations became people you can't sue. [More...]
Two recent U.S. Supreme Court rulings [...] culminate a thirty-year trend during which the judiciary, including initially some prominent liberal jurists, has moved to eliminate courts as a means for ordinary Americans to uphold their rights against companies.
Wage Theft (5 links)
The simplest way for a capitalist to make more money is to not pay employees what he has promised and what he is legally obliged to pay. That's wage theft, and it is epidemic. Donald Trump exemplifies this problem, and is notorious for non-payment.

Quotations

Freedom for the wolves has often meant death to the sheep.
Isaiah Berlin, "Four Essays on Liberty" p.xlv.