THE CVILJURY trial is fast disappearing from our legal landscape, and one important reason for its disappearance is the rapid growth of mandatory arbitration. However, with few exceptions, lawyers, courts, and commentators have failed to adequately consider constitutional rights to a jury trial in determining the validity of arbitration clauses.
Sternlight, Jean R.
"The Rise and Spread of Mandatory Arbitration as a Substitute for the Jury Trial,"
University of San Francisco Law Review: Vol. 38
, Article 3.
Available at: http://repository.usfca.edu/usflawreview/vol38/iss1/3