For a number of years organized trial lawyerdom has made it a top priority to attack contractual clauses providing for arbitration of employment, consumer and other disputes, arguing that only litigation — that is to say, their own services — can provide the needed fairness, deterrence and compensation. Such is the Litigation Lobby’s overreach in this matter that even a veteran liberal, former Ninth Circuit judge and Carter education secretary Shirley Hufstedler, is constrained (with co-author William Webster) to part company with bills introduced by Wisconsin Senator Russ Feingold and others: “Astonishingly, such legislation would effectively abolish arbitration as a viable alternative for such disputes.” [National Law Journal]

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