Plea bargaining in the United States
The constitutionality of plea bargaining was established by "Brady v. United States" in 1970, although the Supreme Court warned that plea incentives which were sufficiently large or coercive as to over-rule defendants' abilities to act freely, or used in a manner giving rise to a significant number of innocent people pleading guilty, might be prohibited or lead to concerns over constitutionality. "Santobello v. New York" added that when plea bargains are broken, legal remedies exist.
Consumer arbitration
According to Ramona L. Lampley, the first generation of consumer arbitration clauses was characterized by drafters including not only class action waivers but also damages limitations, bars on recovery of attorney fees, requirements that consumers pay half or all of the arbitration fees, confidentiality requirements on the parties to an arbitration, or allowing the business to unilaterally select the arbitrator, all of which were found unenforceable by some court. In August 1999, "Consumer Reports" cited a then-superseded arbitration clause by Gateway where a consumer would have to pay $2,000 to file a claim, would have to mail the claim to a Paris address, and would have to travel to Chicago for arbitration hearings. However, in 2001, Christopher R. Drahozal wrote that "unfair arbitration clauses" are less prevalent than thought, and that even unfair terms could be beneficial to the contracting parties. In 2001, Stephen Ware suggested that requiring consumer protections in arbitration (requiring the availability of class proceedings, applying a universal cap on consumer fees without a case-by-case determination of whether the consumer can afford those fees, "requiring substantial discovery", or requiring businesses and consumers to arbitrate the same types of claims) would increase the costs of dispute resolution for the business, which would raise prices.