Adam Zimmerman (Loyola LA), a rising star in our field, is guest blogging over at Prawfs this month and he has a thoughtful take on Jean’s recent post on the recent Wellness Int’l v. Sharif case discussing the constitutionality of Bankruptcy and US Magistrate Judges.  Adam has some other posts of interests there, notably about … Continue reading Zimmerman on Sternlight’s Article III and Arbitration Post →

Our good friend Jean Sternlight (UNLV) sends along her opinions on Sharif, one of last week’s Supreme Court cases and how it impacts the Federal Arbitration Act. The Supreme Court’s most recent Article III decision, Wellness Int’l v. Sharif (2015), raises substantial questions as to the constitutional legitimacy of the Federal Arbitration Act, 9 U.S.C. … Continue reading Sternlight – Asking Tough Questions About Mandatory Arbitration and Article III →

This dispatch comes from FOI Alyson Carrel (Northwestern). Last week, Robert DeNiro spoke at the NYU Tisch School of Arts graduation ceremony.  After congratulating the students on their success, he paused, then added, “ “and, you’re f***ed.”  Everyone laughed because they understood the uncertainty these students face.  Unlike their peers in accounting, law or medicine who … Continue reading Carrel on Dreams of an ADR Career →

Harvard’s Project on the Foundations of Private Law has started an interesting blog entitled New Private Law.* As one of its introductory posts, the blog posted a list of the most cited private law articles in the last 25 years.  Scrolling through the list you’ll see that Russell Korobkin (UCLA) has two pieces in the … Continue reading Korobkin – 2 Pieces among the top 50 most cited private law articles →

As we wait to hear whether the ABA will adopt the proposed change to Standard 304(b), below is the Section’s letter to the Section on Legal Education and Bar Admission in support of the proposed rule. For those who don’t know the details, the short version is this.  Last summer the ABA extensively revised the … Continue reading ABA DR Section’s Letter Supporting Proposed Changes to Standard 304(b) →

Last week I had the pleasure of being part of a panel at the Clinical Conference discussing mediation skills that crossover into lawyering skills.  [Spoiler alert – Doug Frenkel (Penn) and Jim Stark (Connecticut) have an article coming out in the HNLR this fall on this very topic.]  Not surprisingly we spent a lot of time … Continue reading It’s Not About the Nail ……… →

As regular readers know, we are big fans of the ABA Conference here at Indisputably.  There are a number of reasons why (here are Jill’s and John’s post conference explanations why), and one of the big ones for me is the DR Section’s annual Award for Outstanding Scholarly Work.  This year’s recipient was Jean Sternlight … Continue reading Sternlight’s Acceptance Speech for the Outstanding Scholarly Work Award →

The ABA Section of Legal Education and Admission to the Bar released a memo on proposed revisions to the ABA Standards for Approval of Law Schools. As you may recall, the Standards were approved over the summer and defined law school clinics in a manner that meant that mediation clinics would no longer be considered … Continue reading ABA Standard 304(b) Update – Mediation Clinics Are on the Way Back →

From Jonathan Cohen (Florida) via the list serv The University of Florida Levin College of Law seeks applicants for a Lecturer position to teach courses in which the skills of interviewing, counseling, negotiation, mediation, and mediation advocacy are taught.  This is a nine-month, non-tenured faculty position, which offers the opportunity for the award of long-term … Continue reading Florida seeks Lecturer in Negotiation, Mediation and Other Skills →

Last week Paul posted about the CFPB report on Mandatory Consumer Arbitration, and after wading through the entire report, FOI Jean Sternlight provides us with a post reporting the report’s key findings. ————————————————- For many years we have debated whether companies’ imposition of mandatory arbitration is helpful or harmful to consumers. Well-intentioned academics and neutrals … Continue reading Sternlight – CFPB Report Shows Mandatory Consumer Arbitration Harms Consumers →