{"id":142,"date":"2009-07-01T10:39:00","date_gmt":"2009-07-01T15:39:00","guid":{"rendered":"http:\/\/ContractsLawInAction.law.miami.edu\/?page_id=142"},"modified":"2024-02-05T14:01:50","modified_gmt":"2024-02-05T19:01:50","slug":"prior-posts-arbitration","status":"publish","type":"page","link":"https:\/\/contractslawinaction.law.miami.edu\/?page_id=142","title":{"rendered":"Prior Posts – Arbitration"},"content":{"rendered":"

The Vanishing Trial<\/strong><\/p>\n

Before you commit yourself to becoming a litigator, you might consider that the number of trials in the U.S. has been decreasing (and lawyers in the senior chair are not retiring).\u00a0 For a recent discussion, see<\/p>\n

http:\/\/contractslawinaction.law.miami.edu\/wp-content\/uploads\/2024\/02\/24vanishing-trial.pdf<\/a><\/p>\n

Arbitration <\/strong><\/p>\n

I was debating someone on legal regulation of contracts and I wound up arguing that the arbitration clauses seem to interfere with individual’s rights to trial, especially when included in the box.<\/p>\n

Isn’t this a sneaky deprivation of due process?<\/p>\n

Good question.\u00a0 Sounds like a great question for your civ pro or con law\u00a0 professors.\u00a0 Glad you are focussing on due process.\u00a0 You know it is highly relevant outside the judicial and quasi-judicial process.\u00a0 In business, individuals feeling that they are not being treated with due process by other businesspeople produces negative consequences for the ill-treater.<\/p>\n

__________
\nfor a source on the decline of civil trials in America, see Galanter<\/a>
\nfor a source on the decline in Florida specifically, see Florida Bar<\/a><\/p>\n

___________
\nProfessor,
\nBelow is a link to an article in the Times apropos of our class discussions over the last couple of weeks.<\/p>\n