Privatizing Justice
Arbitration and the Decline of Public Governance in the U.S.
Series: Studies in Postwar American Political Development;
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Product details:
- Publisher OUP USA
- Date of Publication 29 August 2024
- ISBN 9780197771730
- Binding Paperback
- No. of pages304 pages
- Size 241x157x22 mm
- Weight 454 g
- Language English 533
Categories
Short description:
While the use of arbitration in the private sector has grown dramatically in recent decades, arbitration itself is not new. Yet the practice today looks very different than it did at its origins. How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between relative equals to a private, non-reviewable, and compulsory forum for resolving disputes between individuals and corporations that almost always favors the latter? Privatizing Justice examines the broader institutional, political, and legal dynamics that shaped this century-long transformation and explains why the system that emerged has shifted power to corporations, exacerbated inequality, and eroded democracy.
MoreLong description:
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.
Privatizing Justice offers a compelling account of the emergence one of the most important, and overlooked, features of the American political economy. This brilliant book is essential reading not only for students of American capitalism, but also for social scientists interested in the politics of institutional change.
Table of Contents:
Chapter 1-Introduction
PART I: Arbitration's Institutional Orders
Chapter 2 Collective Bargaining and Labor's Industrial Democracy
Chapter 3 Disjointed Origins: The Rise of Commercial and Securities Arbitration
PART II: The First Wave: The Bipartisan Origins of Arbitration's Conversion
Chapter 4 Employment Rights as Civil Rights
Chapter 5 The Consumer Rights Movement
PART III: The Second Wave: The Partisan Politics of Modern Arbitration
Chapter 6 Privatizing the Workplace in the New Millennium
Chapter 7 Beware the Fine Print ("By opening and using this product, you agree to be bound
by mandatory arbitration")
Chapter Conclusion
