Earlier this week, the Supreme Court issued a per curiam opinion in Nitro-Lift Technologies, L.L.C. v. Howard, 2012 WL 5895686 (Nov. 26, 2012), ruling that the FAA preempted a decision by the Supreme Court of Oklahoma to rule on the validity of a covenant not to compete in the first instance, despite the existence of an … Continue reading Supreme Court Decides Yet Another Arbitration Case
The Ohio Senate yesterday ratified a bill related to the use of collaborative lawyering. The bill, which formalizes the procedure and mandates confidentiality for the process, is a positive step toward increasing the use of CL in resolving disputes throughout Ohio. A copy of the bill can be found here: http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_461 The Ohio House must … Continue reading Ohio Legislature Formalizes Collaborative Lawyering
At the Works-in-Progress Conference at Ohio State (again, great job putting the conference together) I presented an early draft of a paper entitled Regulating the Rogue Mediator. The abstract is below, and yes it is the longest abstract in the history of mankind. At present the private practice of mediation is unlicensed and unregulated. Barriers … Continue reading Regulating the Rogue Mediator
Another engrossing Works-in-Progress Conference wrapped up on Saturday with two presentations focusing on the challenges presented by conflicting cultural paradigms in our increasingly interconnected world. Mariana Hernandez-Crespo (St. Thomas, Minn.) made a passionate plea for the integration rather than assimilation of different cultures, the better to foster the multiplicity of ideas that spurs innovation. Recognizing … Continue reading Culture and Conflict – Reflections on the WIP Conference
Rick Bales (Northern Kentucky) wrote a very thoughtful blog post on the American Express v. Italian Colors Restaurant over at the Workplace Prof Blog. I agree with much of what he said, including the observation that it is unfortunate that the Court will be making new arbitration law that likely will have a huge impact on consumer arbitration … Continue reading Rick Bales on AMEX v. Italian Colors
Professor Kristen Blankley, of the University of Nebraska College of Law, gave an informative talk about a little discussed device — limited scope representation. Here is Kristen’s abstract: Given the complexities of the legal system, pro se litigants understandably have difficulties navigating the legal labyrinth, and empirical evidence confirms that unrepresented parties rarely prevail in … Continue reading Adding By Subtracting? How Limited Scope Agreements for Dispute Resolution Representation Can Increase Access to Attorney Services, by Kristen M. Blankley
Pace Law School was honored today to welcome U.S. Supreme Court Justice Sonia Sotomayor to our campus to spend the day visiting and chatting with faculty, students, alumni and invited guests. See http://newswire.blogs.law.pace.edu/2012/10/25/supreme-court-justice-sonia-sotomayor-to-visit-pace-law-school/. I for one grabbed the opportunity to ask her privately about her views on the Supreme Court’s arbitration law jurisprudence. While she … Continue reading Justice Sotomayor on Arbitration
We just completed our annual Ohio State Journal on Dispute Resolution Annual Symposium, which this year also served as the AALS Sixth Annual Works-in-Progress Conference. I thought the conference was a great success! As Art mentioned, we had many wonderful presentations (some of which – our “new voices,” highlighting young scholars working in the dispute … Continue reading Report from AALS Works-in-Progress/Ohio State Journal on Dispute Resolution Symposium
George Friedman has been a top executive at FINRA Dispute Resolution since he joined its predecessor NASD fourteen years ago in 1998. Currently Executive Vice President and Director of Dispute Resolution, Mr. Friedman recently announced he will retire at the end of this year. George has been a stellar leader of FINRA’s arbitration program, among other roles, … Continue reading George Friedman, longtime Director of Dispute Resolution at FINRA, to retire at end of year
Yesterday the Supreme Court granted the petition for a writ of certiorari in American Express Co. v. Italian Colors Restaurant, No. 12-133, 2012 WL 3096737 (U.S. Nov. 9, 2012), to decide the following question presented: “Whether the Federal Arbitration Act permits courts, invoking the ‘federal substantive law of arbitrability,’ to invalidate arbitration agreements on the ground … Continue reading Supreme Court grants certiorari in important arbitration case
