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

[andie nachgeborenen]

As someone vwho spends a lot of time writing motions
to compel arbitration I know about this (you may be
happy to hear we lost the last one, but it wasn't
exactly David versus Goliath -- more like The
Terminator versus Goliath, as it is usually is in my
biz) -- but the constitutional issues rarely arise and
when they do arise they are quickly squelched in the
wake of Mose Cone Hosp. and its progeny and state
court parallels. So while techically there is
litigation in this area, it's almost all straight
comntract law under the Fed Arbitration Act and the
Constitutional issues are mostly a pointless
afterthought.  Esssentially the rule is now, yous
igned an arba greement? Too bad for your right to a
jury trial.  

--- Mark Bennett <mab at straussandasher.com> wrote:


>  
> andie nachgeborenen
> 
> The 7th amendment (jury trial) is important but not
> much litigated,
> besides being quite technical.
> 
> __________________________________________________
> 
> 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.
> 
> 
> 
> ___________________________________
>
http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
> 

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