Clinical Professor of Law Doron M. Kalir published a blogpost on the American Constitutional Society (ACS) Blog. The post analyzes DIRECTV v. Imburgia, a case heard earlier this Term by the Supreme Court, which has yet to be decided. The post – entitled Another Brick in the (No Access to Justice) Wall? – touches briefly on issues of class action, consumer protection, federalism, and the Roberts Court in general. The post can be found here.
Dear Professor Kalir, This is a very well thought-out comment on rights consumers are losing every day. One cannot get a bank or department store credit card without this arbitration language. It seems that, at least in Massachusetts, the only area left unharmed by arbitration are discrimination cases, where the Supreme Judicial Court has refused to trump anti-discrimination laws with arbitration requirements. At least so far…