EPISODE · May 15, 2026 · 1H 3M
The Secret History of Forced Arbitration (Second Request)
from The Capitol Forum Podcast · host The Capitol Forum
When you signed up for Disney+, you probably signed away your right to sue Disney. Most Americans have — buried in the terms and conditions of many apps is a legal clause called forced arbitration, and it's become corporate America's get-out-of-court-free card.Today on Second Request, Executive Editor Teddy Downey sits down with Brendan Ballou — former special counsel in the DOJ's Antitrust Division and author of the new book When Companies Run the Courts: How Forced Arbitration Became America's Secret Justice System — to discuss the history and impact of forced arbitration in America.
What this episode covers
When you signed up for Disney+, you probably signed away your right to sue Disney. Most Americans have — buried in the terms and conditions of many apps is a legal clause called forced arbitration, and it's become corporate America's get-out-of-court-free card. Today on Second Request, Executive Editor Teddy Downey sits down with Brendan Ballou — former special counsel in the DOJ's Antitrust Division and author of the new book When Companies Run the Courts: How Forced Arbitration Became America's Secret Justice System — to discuss the history and impact of forced arbitration in America.
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The Secret History of Forced Arbitration (Second Request)
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