[lbo-talk] Can the Bill of Rights Be Legislated Today?

Mark Bennett mab at straussandasher.com
Mon Jan 16 08:50:47 PST 2006


andie nachgeborenen

The 7th amendment (jury trial) is important but not much litigated, besides being quite technical.

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Actually, there is substantial litigation involving the right to a jury trial, primarily in the context of the validity of pre-dispute arbitration agreements contained in adhesion contracts. The vast majority of reported opinions in this area are disasters for individuals, employees, and the entire legal system. It is remarkable that this ongoing "privatization" of the American justice system receives so little coverage in the media. Actually, I suppose it isn't.



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