As promised, here are more details about the upcoming Works-in-Progress Conference. If you attend the ABA Section on Dispute Resolution Conference next week, please stop by the Ohio State University Journal of Dispute Resolution to speak with our Symposium Editors about the conference. The Association of American Law Schools’ Section on Dispute Resolution’s Sixth Annual … Continue reading 2012 Works-in-Progress Conference at Ohio State — More Information! →

The 2012 Schwartz Lecture on Dispute Resolution will be given by Deborah M. Kolb, an internationally renowned expert on gender issues in negotiation and leadership. On April 4th at noon in the Moritz College of Law’s Saxbe Auditorium, she will speak on “Negotiating in the Shadow of Organizations: Doing Well by Doing Good.” Recent research … Continue reading Professor Deborah Kolb is Ohio State University Moritz College of Law’s Schwartz Lecturer on April 4th →

If you are in Columbus, next week, we are hosting a terrific speaker at 4 p.m. in the Moritz College of Law, Saxbe Auditorium at the Ohio State University (he will actually visit Harvard Law School first, on the 6th, if you happen to be in Boston). The annual Lawrence Negotiation Lecture this year will … Continue reading Michael Young — Mediator of Secret Talks to End Apartheid to speak at Moritz College of Law →

Jean Sternlight and one of my students sent me this link from Sesame Street in which Justice Sotomayor engages in some “dispute resolution”. Seems more like evaluative mediation to me. Very amusing! Goldilocks Avoids Criminal Sanction When Sotomayor Judges Dispute on Sesame Street http://www.abajournal.com/news/article/goldilocks_avoids_criminal_sanction_when_sotomayor_judges_dispute_on_sesame/

There appears to be some life left in the “vindication of statutory rights” argument following Concepcion and Stolt-Nielsen after all! The Second Circuit, in In re: American Express Merchants’ Litigation, 06-1871 (2d Cir. 2012), held that a class action waiver in an arbitration agreement can be ruled unconscionable if the plaintiff (here, a merchant) can … Continue reading Class Action Waiver in Arbitration Agreement Unconscionable →

I would be remiss in my duties as director of the Moritz College of Law if I did not offer my congratulations to the student winners of the annual CPR academic awards — both of whom are members of the Moritz College of Law class of 2011. From our press release: Michael Diamond ’11 wrote … Continue reading Moritz College of Law Students win CPR Awards →

Paul beat me to the punch, but I could not agree more with him that the Court’s decision in Compucredit v. Greenwood is unsurprising. The true mystery of the case is that the Court took it in the first place. Until Congress decides to make it clear that a particular statutory claim cannot be arbitrated, … Continue reading Unsurprising is Exactly How I Would Describe Compucredit v. Greenwood →

I just read an interesting keynote speech by Suja Thomas, a law professor at the University of Illinois. In the speech (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1960032), Professor Thomas discusses access to courts and juries before and after the summary judgment trilogy. Professor Thomas also discusses the impact of the Supreme Court’s recent arbitration jurisprudence, specifcally, the Concepcion decision. She … Continue reading The Future of Summary Judgment, Arbitration and the Jury Trial Right →

On November 7, the Supreme Court ruled, in a per curiam opinion entitled KPMG LLP v. Cocchi, http://www.supremecourt.gov/opinions/11pdf/10-1521.pdf, that a state court must order arbitrable disputes to arbitration even if the plaintiff’s complaint contains both arbitrable and inarbitrable claims. Affirming the strong federal policy in favor of arbitration, the Court stated that, “state and federal … Continue reading Supreme Court Rules that State and Federal Courts Must Enforce Arbitration Agreements Even When Nonarbitrable Claims are Present in Complaint →

I guess I had not been paying much attention but realized today that the Uniform Collaborative Law Act has been adopted by the National Commissioners on Uniform State Laws and has already been adopted in three states: Nevada, Texas and Utah. In addition, in 2011, it has been introduced in Alabama, District of Columbia, Hawaii, … Continue reading Uniform Collaborative Law Act →