Jed Rakoff

Even though in an arbitration, you don't have a jury, you don't have due process, you don't even have often the rules of evidence.

There's been increasing similar deference to sending matters to administrative agencies rather than into the courts.

And there again, the courts have tended to say, yeah, that's fine.

We give great deference to courts.

but that is decided by a so-called administrative law judge who is so untypically selected by the head of the agency and who, not surprisingly, decides for the agency in 90% of the cases.

Without multiplying, there are other causes as well.

There is a real lack of access to the civil justice system on the part of everyday individuals.

The first is that none of these problems are beyond being fixed.

There's nothing inevitable about any of this.

The second thing is to fix it, a change in attitude of the American public.

One of the reasons for those very harsh criminal laws is that most voters are big supporters of law and order.

And it's not because they're inherently unfair people.

It's just because they read about the crimes and they don't read much about the consequences.

mass incarceration and the harsh penalties and all the other things.

It's a question of educating the American people.

That may sound an awfully Pollyannish view, but I think that is at the heart of changing the system.

And the third, if you really want to know what is going on in the system, you got to read my book.

Thank you.