Please join me in welcoming Professor Paul F. Kirgis from St.John’s University as a guest blogger here on Indisputably. As you may recall, St.John’s recently hosted a symposium entitled: ADR Meets Bankruptcy: Cross Purposes or Cross Pollination? (For more info on the conference, go here.) According to Paul, the presentations were eye-opening, and we’ve asked … Continue reading Welcome Guest Blogger Paul F. Kirgis
On November 6th our friends at Fordham will be hosting their annual dispute resolution forum, this one on the intersection between culture and disputing processes. Professor Oscar Chase from the NYU Law School will be the keynote speaker and will be followed by an excellent panel of discussants. For more information, including registration information, go … Continue reading The Relationship between Culture and Disputing Processes
Referring to mandatory, binding arbitration, one of my Civil Procedure students just forwarded the following link to me: http://consumerist.com/5148154/mandatory-binding-arbitration-the-worst-choose-your-own-adventure-ever As a kid, my favorite Choose-Your-Own-Adventure book (I forget its name) was one in which the only way to get to the happy place was to completely disregard the rules and just turn to that page. … Continue reading The Worst Choose-Your-Own-Adventure Ever ?
The winners of the ABA’s 2009 Boskey Dispute Resolution Essay Competition for Law Students were recently announced, and awards the winners are [drum roll please]: First prize went to Andrea Yang from the Georgetown University Law Center for her paper entitled Ethics Codes for Mediator Conduct: Necessary But Still Insufficient. Honorable Mention was awarded to … Continue reading Boeskey Competition Winners Announced
Last week I had the honor of joining my colleague Janine Geske on her regular journey to Green Bay Correctional Facility, a maximum security prison reminiscent of the prison in Shawshank Redemption. The prisoners at Green Bay run the gamut of serious crimes from sexual assault to drug distribution to armed robbery to homicide. Janine … Continue reading Go to Prison
Since I’ve been posting about hiring in the legal academic market this year, I’d be remiss if I failed to plug the Aspiring Law Professors Conference that we’re hosting here at Arizona State on Saturday October 17th. The conference is designed for those who are going on the teaching market and will focus on issues … Continue reading Aspiring Law Professors Conference
Another case in the line of cases holding parties to their commitments to mediate before filing suit. Earlier this month, in Adams v. Newport Crest Homeowners Association, 2009 WL 2875361, (Cal.App. 4 Dist., 2009), a California appellate court upheld the dismissal of a case on the grounds that the plaintiff failed to pursue mediation prior … Continue reading Contractual Agreements to Mediate
Another interesting case from the Daily Labor Report: Fifth Circuit 2-1 Affirms Lower Court Ruling Some KBR Injury Claims Were Not Arbitrable A former employee of Halliburton Co. who alleges that she was raped by other employees while working for the defense contractor in Iraq is not required by her employment contract to arbitrate claims … Continue reading Fifth Circuit Decides Arbitration Clause Scope Issue
The Works-in-Progress conference is still accepting abstracts and I want to strongly encourage everyone to think about adding this to their agenda for the fall. The announcement is below and feel free to email me with any questions: Call for Papers and Abstracts Works in Progress Conference AALS Dispute Resolution Section November 13-14, 2009 … Continue reading Works in Progress Conference at Harvard
About an hour ago,a federal judge struck down the proposed settlement between Bank of America and federal regulators over bonuses paid to Merrill Lynch executives. The online version of the New York Times runs the story, “Judge Rejects Settlement Over Merrill Bonuses.” I have pasted the text of the article below, and the twelve page … Continue reading Judicial Scrutiny of Settlements