Quote:
Originally Posted by Tyrone Slothrop
I think there is a principled difference between waiving a right and selling it. OTOH, you have a right to a jury trial, and you essentially sell it when you agree to contractual terms that specify arbitration. I think the key difference between that and where we started is that if you agree to arbitration, you don't undermine the right to a jury trial -- you just forego in the instance. But if employers can look for employees who agree to be harassed, it has an obvious, systematic effect of making things worse for everyone else (but for harassers).
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Don't we have some criminal issues in here, too? It's one thing to waive a personal right, but we generally view criminal acts as societies to enforce, not the victim's. Les can't agree to let Ty shoot him in the knee for money. Les may want the money, and Ty might really enjoy kneecapping Les, but it's not something we as a society wish to permit.
