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…mehr
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.
Sarah Staszak received her PhD in Politics from Brandeis University and is a Research Scholar in the Princeton School of Public and International Affairs. Her research and teaching interests include public law, policy, and American political development. She is the author of No Day in Court: Access to Justice and the Politics of Judicial Retrenchment (Oxford University Press, 2015; Co-Winner: 2017 J. David Greenstone Book Award for best book in politics and history awarded by the American Political Science Association). Sarah was previously a Robert Wood Johnson Scholar in Health Policy Research at Harvard University and a Brookings Institution Research Fellow in Governance Studies.
Inhaltsangabe
* 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
* 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
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