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By Cory Doctorow (GPG 0xBF3D9110957E5F4C) @doctorow.pluralistic.net · 06/05/2026

Binding arbitration is a creation of the Federalist Society and their champion Antonin Scalia, who authored a series of Supreme Court dissents and (ultimately) decisions that opened the door for binding arbitration everywhere: pluralistic.net/2025/10/27/s... 33/

pluralistic.net

Pluralistic: Shake Shack wants you to shit yourself to death (27 Oct 2025) – Pluralistic: Daily links from Cory Doctorow

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By Cory Doctorow (GPG 0xBF3D9110957E5F4C) @doctorow.pluralistic.net · 06/05/2026

Given Fedsoc's role in shoving binding arbitration down everyone's throat, it's decidedly odd that they invited Ashley Keller to be their keynote debater in 2021, where he argued that "concentrated corporate power is a greater threat than government power": www.youtube.com/watch?v=aY5M... 34/

youtube.com

13th Annual Rosenkranz Debate & Luncheon [2021 National Lawyers Convention]

YouTube video by The Federalist Society

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By Cory Doctorow (GPG 0xBF3D9110957E5F4C) @doctorow.pluralistic.net · 06/05/2026

Keller is a powerhouse lawyer, and an avowed conservative, who has pioneered many tactics for overcoming binding arbitration clauses. He helped create "mass arbitration," bringing thousands of arbitration cases on behalf of Uber drivers who'd had their wages stolen by the company. 35/

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