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cnelsenmilt | 2 years ago

The clear solution should this stand is to include a Terms of Incorporation when a business is created stipulating that they waive their right to a trial and that any labor disputes will be settled by independent arbitration.

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hobotime|2 years ago

The courts have routinely said you can't sign your rights away. This has gotten muddy with arbitration clauses being sometimes upheld, but for example, you can't sign a contract to entry into slavery for example.

Analemma_|2 years ago

I don't know what courts and what cases you're talking about, but SCOTUS has repeatedly held that binding arbitration agreements override almost all rights.

https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepc... (binding arbitration overrides state law)

https://www.nytimes.com/2018/05/21/business/supreme-court-up... (binding arbitration overrides labor protection)

https://www.washingtonpost.com/business/supreme-court-backs-... (binding arbitration overrides consumer protections even in cases of fraudulent deceptive advertising)

dctoedt|2 years ago

Courts have also routinely said that you CAN sign away your rights, i.e., waive them; courts enforce waivers every single day.

eadler|2 years ago

The courts view arbitration as a _forum_ change. The idea is that you're waiving some procedural rights while retaining all substantive rights. This is independent of a jury waiver (although arbitration necessarily requires a jury waiver).

There are some severe problems both in theory and in practice, but that's the rough justification.

At the risk of spamming (I think I've pasted this link several times recently) I've been compiling as much information as possible here. https://arbitrationinformation.org/docs/problems/

pg_1234|2 years ago

A corporation has no right of protection from slavery.

And just imagine if you said it was protected from slavery ... would that mean all corporations are suddenly free of the dictates of their executives, their boards, their shareholders.

Exactly what would this emancipated entity be?

Eddy_Viscosity2|2 years ago

Then what is an NDA if not a contract to waiving rights to speech?

ImJamal|2 years ago

Aren't corporations incorporated on the state level? Unless I am missing something at least one state would not include this in their terms and companies would flock to that state if they wanted trials.