Monday, October 03, 2016

CELEBRATE PROGRESS AND VINDICATION: Three cheers for Hillary Clinton on ending cramdown arbitration "Gotcha clauses!"



As the late, great United States Department of Labor Associate Chief Administrative Law Judge James L. Guill and I warned in our article in the American Bar Association Judges Journal ("A Rush to Unfairness -- the Downside to Alternative Dispute Resolution" in 1989, mandatory cramdown arbitration agreements in employment, consumer and brokerage contracts are a clear and present danger to our civil and constitutional rights.

Thanks to The New York Times for its 2015-2016 investigation of this overbearing of on the part of unAmerican corporations, even startups.

This is sick.


My first article in the American Bar Association Judges' Journal, in 1989, at age 32, co-authored with U.S. Department of Labor Associate Chief Administrative Law Judge James L. Guill in 1989, called for abolition of contractual cramdown arbitration clauses.

Check out this video: https://www.youtube.com/watch?v=tgC3N802Sjk
This forced arbitration garbage was invented by the likes of Harvard University, funded by the likes of Exxon and TRW, to cabin civil rights and environmental rights and consumer rights won during the 1960s and 1970s. See "A Rush To Unfairness -- The Downside to Alternative Dispute Resolution," American Bar Association Judges' Journal (Summary 1989), by Judge James Guill and Edward A. Slavin, Jr.

Locally, our Anastasia Mosquito Control Commission of St. Johns County got snookered, accepting arbitration clause in construction contracts.

That's wrong, contrary to public policy, and immoral -- mandatory arbitration clauses are corrupt and must be ended at once.

Last week, the U.S. Health and Human Services Department banned such clauses in nursing home contracts.

Our probable next President, Hillary Clinton, said in Ohio today (October 3, 2016) that she intends to seek authority for the Federal Trade Commission, Department of Labor and Federal Communications Commission to ban such clauses. Three cheers for Hilllary Clinton.

And after 27 years of watching the predictions Judge Guill and I made come true -- even cramdown arbitration in employment contracts, even cramdwown religious arbitration -- it's also gratifying that President Hillary Clinton wants to abolish this outrage. I met her once at an ABA House of Delegates reception in or about 1989 (Honolulu, I reckon) where she was being honored for increasing employment of women and minorities at corporate law firms. I congratulated her then and I salute her now.

Three cheers for Hillary Clinton!

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