Publication Date

1-1-1996

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Private arbitration, Statutory rights, Litigation, Arbitration, Employers, Employees, Access to justice, Institutional barriers, Progressive left

Abstract

The left should not be so quick to condemn private arbitration of statutory rights for two primary reasons. First, although these processes have historically been seized by employers as an efficient, less costly alternative to litigation devoid of due process safeguards, there is nothing inherent in private arbitration to prevent making the process fairer for employees. Second, there is a substantial payoff that justifies the work required by those on the left to transform these processes for the betterment of employees. That payoff is greater access to justice. Private arbitration holds the potential to eliminate institutional barriers that block access to public courts by some employees. In conclusion, although there is much work to be done, the seeds of co-optation of the private realm by the progressive left in labor and employment law already seem to have been planted.

Rights Holder

Roberto L. Corrada, University of Denver

File Format

application/pdf

Language

English (eng)

Extent

20 pgs

File Size

1.3 MB

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

This article was originally published as Roberto L. Corrada, Claiming Private Law for the Left: Exploring Gilmer's Impact and Legacy, 73 Denv. U. L. Rev. 1051 (1996).

Volume

73

First Page

1051

Last Page

1070

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