Hacker News new | ask | show | jobs
by spriggan3 3661 days ago
It's difficult to understand how such clause is even legal to begin with. It basically sets up a "private" justice system for non criminal cases. That's insane. I get it, there are difference sort of tribunals. But it shouldn't be up to the corporations to decide where justice is supposed to be served.
2 comments

It's legal because the five justices who decided that money is speech decided that money now gets its own courts.

https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepc...

Not really. Arbitration has long been a path that judges recommend for non-criminal cases to reduce strain on the court system. I know that it can often seem nefarious, but a major part of the modern civil court system involves reducing the (frankly, unbelievable) strain on court resources, which are finite (and in many states, being reduced for budgetary reasons).
It's because Congress passed a law, called the Arbitration Act, allow explicitly allowing it. https://www.law.cornell.edu/uscode/text/9/2