I am excited to bring you news of the imminent publication of Designing Systems and Processes for Managing Disputes, authored by Nancy H. Rogers, Robert C. Bordone, Frank E.A. Sander and Craig A. McEwen. The first coursebook in Dispute Systems Design is a terrific book that will provide a hands-on interdisciplinary approach to the field … Continue reading Announcing the Publication of the first coursebook of its kind: Designing Systems and Processes for Managing Disputes →

I read with interest the transcript of today’s oral argument in the highly anticipated American Express v. Italian Colors Restaurant case, No. 12-133. As I suspected, though, following oral argument, it would seem unlikely that the Court will decide in the merchants’ favor. Instead, the likely outcome is that the Court will hold that merhcants … Continue reading American Express v. Italian Colors Restaurant Oral Argument Report →

The quarterly edition of the Moritz College of Law’s Mayhew-Hite Report on Dispute Resolution in the Courts, a joint publication of the Moritz Program on Dispute Resolution and the Ohio State Journal on Dispute Resolution, is available at: http://moritzlaw.osu.edu/epub/mayhew-hite/2012/12/381/ Highlights of this issue include a transcript of Ken Feinberg’s Lawrence Lecture, given at Moritz last … Continue reading New Issue of Mayhew-Hite Report on Dispute Resolution and the Courts Available →

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 →

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 →

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 →

From Ballard Spahr: The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), obligates courts to compel individual arbitration even where the plaintiff has proven that doing so would make it impossible to vindicate statutory rights, according to a non-precedential opinion issued August 22 by the U.S. Court of … Continue reading Concepcion in New Jersey →

As you head into the long holdiay weekend, please remember that proposals are now due for Works-in-Progress papers to be considered for publication in the Ohio State University Journal of Dispute Resolution. Here is the information about this year’s Works-in-Progress Conference and the opportunity to have your paper selected for publication in a special issue … Continue reading REMINDER: AALS Works-in-Progress Early Submission Date Approaching →

It looks like the CFPB will begin its required study of consumer arbitration. From Ballard Spahr: “The Consumer Financial Protection Bureau announced today that is has initiated its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act. It submitted to the Federal Register for publication a “request for Information Regarding Scope, … Continue reading CFPB will begin study of consumer arbitration →