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7 Disp. Resol. Mag. 24 (2000-2001)
The Alabama Story

handle is hein.journals/disput7 and id is 141 raw text is: ARITRATIO

The Alabama Story
The state's experience with arbitration shows
the connection of law to politics and culture

By Stephen J. Ware

T   he signs on trees along the high-
ways of Alabama say Arbitration:
A License to Steal. This accusation
also appears on bumper stickers and
even on coozies (those foam things that
keep a drink cold).
The license to steal signs first
appeared throughout Alabama in the
months prior to the November 2000
elections. The Alabama Supreme Court
is elected in partisan races, and five of
Stephen J. Ware is a professor at
Samford University's Cumberland School
of Law and author of the Hornbook on Al-
ternative Dispute Resolution (West Group
2001). He can be reached at
sjware@samford. edu.
This article is based in part on previ-
ous articles by Professor Ware: Money,
Politics and Judicial Decisions: A Case
Study of Arbitration Law in Alabama, 15
Journal of Law & Politics 645 (1999), and
Truce Possible in GOP-Dominated High
Court, Birmingham News, Dec. 3, 2000, at
1C.

the court's nine seats were up for
election in 2000. The anti-arbitration
signs were posted by the Alabama
Democratic Party or its allies.  This

arbitration as the issue to run on. This
strategy was backed by enough money
to air television commercials demonizing
arbitration. The television ads said that

The 'license to steal' signs first appeared
throughout Alabama in the months prior
to the November 2000 elections.

became clear in the final days of the
campaign when new license to steal
signs appeared containing additional
text urging viewers to Vote Democrat.
Partisan political issue
Arbitration has debuted as a parti-
san political issue.' In Alabama's 2000
judicial elections, it was a very high-
profile issue. Democrats and their allies,
especially plaintiffs' trial lawyers, picked

in Alabama victims of Firestone tires and
Ford Explorers don't even have the
right to confront Ford or Firestone in
court.., because a Republican Supreme
Court has ruled that binding arbitration is
the only option.
How arbitration became a high-
profile political issue in Alabama is a
fascinating story of the law's connec-
tions to politics and culture.

Dispute Resolution MagazineSummer 2001

Dispute Resolution Magazine

Summer 2001

TRIAL LAWYERS LOSE AND YOU WIN.
EOUGH SAID

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