
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-- Collective Bargaining And Labor's Industrial Democracy -- Disjointed Origins: The Rise Of Commercial And Securities Arbitration -- Employment Rights As Civil Rights -- The Consumer Rights Movement -- Privatizing The Workplace In The New Millennium -- Consumers: Beware The Fine Print. Sarah Staszak. Includes Bibliographical References And Index.
This book investigates the historical and institutional mechanisms that transformed arbitration from a voluntary dispute resolution tool into a compulsory, private system that undermines public governance and exacerbates economic inequality. Sarah L. Staszak, a scholar of political science and law, analyzes the intersection of judicial decisions, legislative action, and corporate lobbying over the last 150 years. She argues that the shift toward private arbitration is not an accidental byproduct of market forces but a deliberate political project that has fundamentally altered the relationship between the American state, corporations, and individual citizens.
What You Will Find
Experts recognize this work as a significant contribution to the study of institutional change and the privatization of the American legal system. Readers frequently note the academic density of the prose, which provides a rigorous, evidence-based critique of how private dispute resolution impacts broader democratic norms.
Page Count:
0
Publication Date:
1900-01-01
Publisher:
Oxford University Press,
ISBN-10:
0197771769
ISBN-13:
9780197771761
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