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Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

Law360 (April 26, 2019, 3:32 PM EDT) -- J.B. Heaton, in a recent Law360 article, argues the “old innovation” of the jury trial is a product that had its day, but “better products” have come along that are “both cheaper and more effective.” To him, the jury system is “too irrational and emotionally driven” for “matters of importance.”

But the author's analysis of the Seventh Amendment disappointingly pulls many punches. Why stop there?

Take the First Amendment ... please! While perhaps long ago discourse was meaningful and rational enough to warrant freedom of the press, few things are more “irrational and emotionally driven” nowadays than ubiquitous talking heads blabbering...

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