All posts by art hinshaw

Blankley – Oregon Supreme Court Holds Pre-Mediation Communications Not Protected

FOI Kristen Blankley (Nebraska) offers up a guest post on an interesting attorney malpractice / mediation confidentiality case out of Oregon.  Casenote is written all over this one. Earlier this month, the Oregon Supreme Court held that pre-mediation communications are not protected communications in Alfieri v. Solomon, __ P.3d ___, 2015 WL 8539065 (Ore. Dec. … Continue reading Blankley – Oregon Supreme Court Holds Pre-Mediation Communications Not Protected

Szalai: DirecTV v. Imburgia Turns Arbitration Law On Its Head

Arbitration guru Imre Szalai (Loyola) provides us with his thoughts on the Supreme Court’s recent DirecTV case.  Naturally Imre kicked off the listserv thread Jill mentioned yesterday.  And here’s a link to Imre’s arbitration blog for further info on the case. Earlier today, the Supreme Court issued its decision in DirecTV v Imburgia. Three issues … Continue reading Szalai: DirecTV v. Imburgia Turns Arbitration Law On Its Head

USNews Ballots – ADR’s Importance in the Law School Curriculum Finally Recognized

Like many of you, I have received my USNews ballot for ranking law school ADR programs.  I have yet to fill mine out, and will in the next few days.  But some interesting news came to my attention this morning about the value that USNews places on our field. According to tax professor Paul Caron, … Continue reading USNews Ballots – ADR’s Importance in the Law School Curriculum Finally Recognized

Negotiating with the Dangerous and Highly Unstable

Last week Jackie Nolan-Haley told us of Fordham’s program on Negotiating with the Dangerous, which was headlined by our very own leader Andrea.  And just yesterday an article of another sort of dangerous negotiation crossed my desk – negotiating with toddlers.   And you best be careful.  Why?  The piece’s conclusion:  having a toddler is like … Continue reading Negotiating with the Dangerous and Highly Unstable

Thoughts on ADR Careers

As part of Mediation Week, Alyson Carrel (Northwestern) and Heather Scheiwe Kulp (Harvard) conducted a live twitter event discussing careers in ADR for young professionals. To link to a Storify capturing all of the tweets, go here. And happy mediation week to all !

Definitive Answers to Unanswerable Law Review Submission Questions

For those of us who angst when it comes to law review submission season, my colleague Rhett Larson recently answered several law review submission questions that arise every year. There is a quote attributed to the screenwriter William Goldman regarding Hollywood – “Nobody knows anything.” I increasingly feel like this applies to article submission strategies. … Continue reading Definitive Answers to Unanswerable Law Review Submission Questions

Sternlight: Musings from the CFPB Field Hearing

This dispatch comes from frequent guest blogger Jean Sternlight (UNLV). I am writing this blog having just returned from Denver, where I participated in the Consumer Financial Protection Board Field Hearing discussed yesterday at Indisputably by Professor Sarah Cole. As Sarah noted, the CFPB is proposing to prevent companies from using mandatory arbitration to prevent … Continue reading Sternlight: Musings from the CFPB Field Hearing