D. H. Overmyer Co., Inc. of Ohio v. Frick Co.

Mr. Justice Douglas,

whom Mr. Justice Marshall joins, concurring.

I agree that the heavy burden against the waiver of constitutional rights, which applies even in civil matters, Ohio Bell Tel. Co. v. Public Utilities Comm’n, 301 U. S. 292, 307 (1937); Aetna Ins. Co. v. Kennedy, 301 U. S. *189389, 393 (1937), has been effectively rebutted by the evidence presented in this record. Whatever procedural hardship the Ohio confession-of-judgment scheme worked upon the petitioners was voluntarily and understandingly self-inflicted through the arm’s-length bargaining of these corporate parties.

I add a…