In my ongoing effort to publicize efforts from the Works-in-Progress conference, I am linking here to Aaron Bruhl’s blog post from last week about Rent-A-Center v. Jackson, the upcoming case on whether courts or arbitrators decide unconscionability. Aaron tells me that this paper grew out of his presentation at the Works-in-Progress conference several years ago at … Continue reading Who gets to Decide Unconscionability?
The Fourth Circuit recently affirmed a rare vacatur of a FINRA arbitration award arising out of an employment dispute. In Raymond James Financial Services Corp, Inc. v. Bishop, __ F.3d. __, 2010 WL 610614 (4th Cir. Feb. 22, 2010), three financial advisers claimed they were wrongfully discharged from the brokerage firm Raymond James even though they … Continue reading 4th Circuit upholds vacatur of FINRA arbitration award
Articles The Jurisprudence of Mediation: Between Formalism, Feminism and Identity Conversations – Michal Alberstein Multijurisdictional ADR Practice: Lessons for Litigators – Kristen M. Blankley, Emily E. Root, and John Minter An Anthropologist’s Approach to Mediation – Rebecca Golbert Private Military Companies & International Law: Building New Ladders of Legal Accountability & Responsibility – Jackson Nyamuya … Continue reading Cardozo Journal of Conflict Resolution, Issue 11:1 (February 2010)
Okay, I was drawn like a moth to a flame (or more like watching a car accident) to keep on NBC after the closing ceremonies and watch The Marriage Ref last night under the deluded hope that maybe this would be a tv show with dispute resolution in action. The tag line for this lovely … Continue reading The Marriage Ref?
I am happy to post the following call for proposals for next year’s AALS meeting: CALL FOR PROPOSALS AMERICAN ASSOCIATION OF LAW SCHOOLS – 2011 Conference, Jan 5-9th A Joint Program of the Sections on Balance in Legal Education and Academic Support Co-Sponsored by the Section on Student Services Theme: “Beyond Humanizing: Can – and … Continue reading AALS Call for Papers–Happy Law Students?
If you have studied Negotiation in the last 20 years or so, the name Robert Mnookin should be familiar to you. The Harvard law professor has authored or co-authored numerous articles and books, including the book upon which I base my Negotiation course, Beyond Winning: Negotiating to Create Value in Deals and Disputes (with S. Peppet and A. … Continue reading Mnookin on NPR’s “All Things Considered”
Volume 25, Issue 1. TEACHING AND TECHNOLOGY:TEACHING ADR AND THE FUTURE OF DISPUTE SYSTEM DESIGN A pdf of the Table of Contents is available here: (25-1 TOC). Abstracts of the articles appear below: Pedagogy, Progress and Portfolios: Professor Deborah Merritt talks about the possibility of portfolios as a method to innovate law school education, especially … Continue reading Ohio State Journal of Dispute Resolution – Symposium Issue
As readers of this blog know, I lost my grandmother last fall. It was sad, but not tragic. After all, she was 99 and lived a long productive happy life. Last week, I (and my siblings) received a very formal letter from a lawyer with an enclosure—under Pennsylvania law, where my grandmother lived, beneficiaries of her … Continue reading Empathy Anyone?
Conflict Resolution Quarterly is looking for more submissions. (Guidelines here.) The journal tends to receive submissions in bunches (mostly during winter break and during summer break), so now would be a good time to send something in, if you’re thinking of trying to publish in CRQ. They’ve got a good turnaround for a peer-reviewed journal … Continue reading Conflict Resolution Quarterly – Call for Submissions
The following post comes from Karen Halverson Cross at John Marshall Law School in Chicago. Karen participated in the Works in Progress Conference last fall and this is the very timely paper following from it. My paper, ”Letting the Arbitrator Decide? Unconscionability and the Allocation of Authority between Courts and Arbitrators,” addresses a topic that … Continue reading Letting the Arbitrator Decide Unconscionability