From Brian Quinn:

The AALS Section on Transactional Law and Skills is calling for papers for the  2018 AALS Annual Meeting, in San Diego, CA, about Access to the Courts in the Transactional Setting. 

This call for papers solicits unpublished papers that consider the question of access to the courts in a variety of transactional law and contractual settings. 

From small business disputes, to mandatory consumer arbitration, to restrictions on shareholder lawsuits, it is no longer obvious that parties will have access to courts in the event of a dispute.  In many cases small businesses may negotiate for alternative dispute resolution in commercial contracts as more efficient than going to courts.  In others, like in the context of consumer contracting, restricting access to the courts is not typically subject of negotiation, and many consumer transactions now come with mandatory arbitration clauses. In recent years, in response to an explosion in shareholder and class action litigation, corporations also began to look to a variety of self-help remedies (often aided by state legislatures), including exclusive forum provisions and fee-shifting provisions among others, to restrict access to the courts by shareholders. 

Taken together one could reasonably question whether the current trajectory in common business and consumer settings to limit parties and third parties access to the courts through a variety of transactional mechanisms is good policy or it goes too far. 

The Section on Transactional Law and Skills invites submissions from any full-time faculty member of an AALS member school who has written an unpublished paper, is working on a paper, or who is interested in writing a paper on this topic to submit a 1 or 2-page proposal to the Chair of the Section by August 31, 2017.  Papers accepted for publication as of August 31, 2017 that will not yet be published as of the 2018 meeting are also encouraged.  The Executive Committee will review all submissions and select proposals for presentation as part of our AALS 2018 Section Meeting. 

Please direct all submissions and questions to the Chair of the Section, Brian JM Quinn, section chair, at the address below:

Brian JM Quinn

Boston College Law School

885 Centre St., Newton MA 02459

Email: brian.quinn@bc.edu