Killing Antitrust Softly (Through Procedure) – Law and Political Economy
The Supreme Court has waged a multi-decade war on private rights of action. It has subverted the rights of consumers, workers, small businesses, and others to hold corporations accountable for wrongdoing through lawsuits. The Federal Arbitration Act (FAA) has been a preferred tool of the Court. Since the 1980s, it has reinvented this modest statute, converting the FAA into a quasi-constitutional sledgehammer for corporations to wield against private lawsuits, especially class actions. And the evisceration of private enforcement of law goes beyond arbitration. The Court has rewritten class certification, pleading, and summary judgment standards to help businesses ward off private lawsuits and accountability. https://lpeblog.org/2019/06/11/killing-antitrust-softly-through-procedure/ (Sent from my wireless device; please excuse brevity and typos (if any))
participants (1)
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J.C. DE MARTIN