After examining the history of the First Amendment right of access to civil proceedings, this note will analyze how the two-pronged historical test applies to arbitrations conducted in a state court. The prongs of the test — experience and logic — provide the framework for the analysis conducted in this note.6 This note argues the analysis conducted in Strine was the correct approach, and suggests the implementation of Sunshine Laws similar to those in other states as a constitutionally permissible alternative that would satisfy the holding in Strine.
David W. Brown,
Let Me In: The Right of Access to Business Disputes Conducted in State Courts,
2015 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2015/iss1/13