There is something magical about consent and promising. They transform, as if by magic, the character of actions (from an assault into an intimate moment/from a merry jest to a contract), and, in so doing, create or alter moral and legal obligations/rights.
Please draft a well-reasoned, organized, three-page 1.5 space essay with excellent depth of analysis throughout. Provided details, multiple, relevant perspectives, and recommendations.
Use the materials from our discussion on consent and promising last week (think, Lucy v. Zehmer and an objective manifestation of intention vs. actual intention) to waive rights, and Margaret Radins writings on boilerplate analyzing whether companies should or should not be permitted to require potential employees to consent to arbitrate potential future sexual harassments claims.
Do you think that manifestation of intention to be bound is a sufficient basis for waiver of a jury trial by people with sexual harassment claims?
Do you think that the market will address the issue given that Microsoft, Google and Uber have agreed not to enforce the provision?
Do you think we need new legislation requiring people to have the right to opt out of the provision?
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