Re:Are US Courts Going Dark?
by marmaduke on Friday May 06, 2016 @04:10PM
(#11646415)
What would be the significance of courts passing from predominantly public to private? Are there are clues from history about possible future effects of this?
Re:Are US Courts Going Dark?
by kevin_b_er on Friday May 06, 2016 @04:52PM
(#11646659)
One consequence is unbalanced justice.
In the case of mandatory binding arbitration, as a citizen you will be denied public access to prior cases. The monkey court that is arbitration does not require the arbiter to be impartial, the arbitration is not required to follow the rule of law, and the previous cases are secret to everyone but the corporation you must challenge.
In arbitration you face a biased arbiter, secret proceedings, with secret results. You face unlimited financial liability and you don't know what a good argument will be, as all prior arguments are secret.
We won't the consequence of a secret court system run for and by corporations for a long time.
All litigation should follow this model. No delays, and transparent to the public. No PACER account needed.
In the case of mandatory binding arbitration, as a citizen you will be denied public access to prior cases. The monkey court that is arbitration does not require the arbiter to be impartial, the arbitration is not required to follow the rule of law, and the previous cases are secret to everyone but the corporation you must challenge.
In arbitration you face a biased arbiter, secret proceedings, with secret results. You face unlimited financial liability and you don't know what a good argument will be, as all prior arguments are secret.
We won't the consequence of a secret court system run for and by corporations for a long time.