{"id":186242,"date":"2014-03-25T21:05:00","date_gmt":"2014-03-26T02:05:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2014\/03\/25\/i-really-hope-that-this-happens\/"},"modified":"2014-03-25T21:05:00","modified_gmt":"2014-03-26T02:05:00","slug":"i-really-hope-that-this-happens","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2014\/03\/25\/i-really-hope-that-this-happens\/","title":{"rendered":"I Really Hope That This Happens"},"content":{"rendered":"<p>The Supreme Court has declined to hear a case from Delaware which <a href=\"http:\/\/www.scotusblog.com\/2014\/03\/arbitration-with-public-spectators-maybe\/#more-206796\">effectively makes arbitration hearings there open to the public<\/a>:<\/p>\n<blockquote><p><span style=\"color: blue;\">The Supreme Court on Monday cleared the way for the public and the press to sit in on arbitration of business disputes in Delaware, when a state judge acts as the arbitrator.  That was the result of the Court\u2019s denial of an appeal by a group of Delaware judges, seeking to keep those proceedings closed to the public.  If business firms do not like having a public audience, that could limit or even kill a four-year-old Delaware experiment.<\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\">That was one of several denials of review in significant cases.  In addition, the Court agreed to add to its decision docket for next Term a new case on the appeal rights of state prisoners in federal habeas courts.  It also sought the U.S. government\u2019s views on the deadline for filing a lawsuit claiming that the manager of a retirement plan made faulty investment decisions, and on the right of an investor to sue over the filing of a defective stock registration statement, when the investor acquired an interest in the stock before such a statement existed.<\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\">The Court offered no explanation, as usual, when it decided against reviewing the Delaware arbitration case, Strine v. Delaware Coalition for Open Government.<\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\">Ordinarily, arbitration proceedings are not public events, because they are a way to resolve private legal disputes without the formality of a court trial and without much of the expense of hiring trial lawyers and of paying for pre-trial and trial maneuvering.  Delaware\u2019s legislature wanted to keep arbitration a closed matter when it decided, in 2009, to allow state judges to take on the task of arbitrator in a closed system.<\/span><br \/><span style=\"color: blue;\"><br \/><\/span><span style=\"color: blue;\">The U.S. Court of Appeals for the Third Circuit ruled, however, that this would turn arbitration into something like a civil courtroom trial, so they had to be open to the public and the press under a string of Supreme Court precedents on the right of First Amendment access to court proceedings.<\/span><\/p><\/blockquote>\n<p>Considering Delaware&#8217;s history of whoring for shady corporate entities, I expect to see a rewrite of the law to once again favor corporations, but it&#8217;s nice to see some more push-back against the corrupt and blatantly unfair arbitration which we are saddled with in the United States.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Supreme Court has declined to hear a case from Delaware which effectively makes arbitration hearings there open to the public: The Supreme Court on Monday cleared the way for the public and the press to sit in on arbitration of business disputes in Delaware, when a state judge acts as the arbitrator. That was &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1005,971,970,972],"tags":[],"class_list":["post-186242","post","type-post","status-publish","format-standard","hentry","category-business","category-civil-rights","category-corruption","category-justice"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/186242"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=186242"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/186242\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=186242"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=186242"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=186242"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}