Over at his arbitration blog, Imre Szalai (Loyola-New Orleans) looks at Judge Gorsuch’s arbitration jurisprudence and suggests there’s some hope for those who find the Supreme Court’s FAA jurisprudence lacking.  His conclusion: If Gorsuch is willing to apply such a piercing, textual analysis to the FAA (and convince his new colleagues to do so), the … Continue reading Szalai on Supreme Court Nominee Gorsuch and Arbitration Law →

Yesterday you may have seen the flurry of listserv activity on SMU’s upcoming program entitled Prejudice and Its Impact on Alternative Dispute Resolution, with Richard Delgado (Alabama) as its keynote speaker.  As many of you know, he was the lead author on an early and important mediation critique, Fairness and Formality: Minimizing the Risk of … Continue reading Prejudice and Its Impact on Alternative Dispute Resolution →

Elayne Greenberg at St. John’s has just announced (via the listserv) that Andrea Cann Chandrasekher and David Horton from UC Davis have won the 2017 Mangano Award for their piece After the Revolution: An Empirical Study of Consumer Arbitration, 104 Geo. L.J. 57 (2015).  The full press release is here, and here’s a short blurb. … Continue reading Chandrasekher and Horton win the 2017 Mangano Award →

Adam Zimmerman (Loyola) and David Jaros (Baltimore) have a new piece  forthcoming in the Wash. U. Law Review entitled Judging Aggregate Settlement.  It explores the rise of mass settlements across civil, administrative, and criminal law and their impact on the role of the federal judiciary.  Here’s the abstract: While courts historically have taken a hands-off … Continue reading Zimmerman & Jaros: Judging Aggregate Settlement →

According to the caption on this photo: “Conflict Resolution: trying to save this rag of a shirt from the trash.” Hat tip – Awkward Family Photos

Apropos of our recent focus on arbitrators, a new article recently appreared on SSRN, Inside the Arbitrator’s Mind.  The piece, authored by FOI Susan Franck (American), Anna van Aaken (Max Planck Institute), James Freda (United Nations), Chris Guthrie (Vanderbilt) and Jeffery Rachlinksi (Cornell) builds on Guthrie’s and Rachlinkski’s piece Inside the Judicial Mind (with Judge … Continue reading Inside the Arbitrator’s Mind →

Lela Love, Donna Erez-Navot, and Robyn Weinstein (all Cardozo) and Vikki Rodgers (Pace) were kind enough to provide a recap of the recent Jed D. Melnick Annual Symposium entitled The Pound Conferences: Where Do We Come From? What Are We? Where Are We Going? hosted by the Cardozo Journal of Conflict Resolution. The Symposium opened … Continue reading The Pound Conferences: Where Do We Come From? What Are We? Where Are We Going? →

Last week Amy Schmitz (Missouri) sent out a message on this topic on the list serv and I asked if she could morph it into a blog post, which she has kindly done. On October 28, the Department of Education issued final regulations intended to protect student loan borrowers against school closures and fraud.  To … Continue reading Schmitz on Student Loans, Arbitration, and Class Waivers →

The law school formerly known as the South Texas School of Law changed its name over the summer to the Houston College of Law and was promptly sued by the University of Houston for trademark infringement.  The University of Houston won a preliminary restraining order, and the Houston College of Law agreed to give up … Continue reading the School with no name, is now named; it’s a lot like the old name →

As you may or may not know, the University of Houston School of Law sued the Houston College of Law, which changed its name from the South Texas School of Law over the summer, for trademark infringement.  The Houston College of Law lost a TRO hearing on the matter, and has agreed to change it’s … Continue reading The Law School with No Name – for this week, at least →