Forced Arbitration and the American Civil Justice System

2 Credit Hours

Today, most consumers and employees are bound by mandatory arbitration clauses hidden in the fine print of everyday contracts. As a result, claims involving discrimination, wage theft, consumer fraud, antitrust violations, and other forms of misconduct are increasingly resolved in private -- or never brought at all. This seminar examines the rise of forced arbitration through Supreme Court doctrine, statutory interpretation, and competing theories of contract, procedure, and judicial power. Along the way, we will explore broader debates over privatization, corporate accountability, access to justice, and the changing role of courts in American society.