I am sharing the very sad news that Prof. David Lipsky of Cornell University, luminary in the world of labor and employment ADR and personal mentor to me earlier in my career, passed away last week at the age of 83. His obituary describes his many achievements both in our field and for Cornell University’s … Continue reading In memoriam: David Lipsky
From FOI Peter Reilly (Texas A&M), a round-up of recent scholarly projects from ADR profs: Ava Abramowitz (GW Law) and Ken Webb (Kenn Webb Consulting, LLC) Planned Research: Our research builds on Neil Rackham’s and John Carlisle’s 1978 paper “The Behaviour of Successful Negotiators” (which can be found here). We asked ourselves, can the same … Continue reading ADR Scholarship Projects (Jan. 2023 edition)
For those of you who are not sports/baseball fans, you may not have known (or cared) that Aaron Judge, who has played for the New York Yankees since 2016 and became a free agent after the 2022 season, had been negotiating his new contract. Drafted in 2013 and making his major league debut in 2016, … Continue reading Aaron Judge Contract Negotiations: A Case Study in Leveraging Power
Posted on behalf of Jill Engle, Academic Dean at Penn State Law (University Park): Penn State Law is seeking adjunct faculty for two arbitration courses. One is in our US Arbitration course. The other is in our International Litigation and Arbitration course. Both courses will be offered in the spring 2023 semester (January-May). We can … Continue reading Penn State Law seeking arbitration adjuncts
When I was in Croatia earlier this summer, I took a tour of the beautiful small island of Hvar off the coast of Split. Part of the tour included a stop at the Hvar Public Theater right at the port. When we walked by, I noticed a Latin inscription at the entrance, ANNO SECVNDO PACIS … Continue reading Early Integrative Bargaining in Croatia circa 1612
Earlier this week, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a bill passed by both the House and Senate last month amending the Federal Arbitration Act to ban the enforcement of pre-dispute arbitration clauses for disputes relating to sexual assault and sexual harassment. For a thorough discussion of … Continue reading President Biden Signs into Law An Act Amending the FAA for Sexual Assault/Harassment Claims
I am delighted to announce that three of the Indisputably Bloggers, Art Hinshaw, Andrea Kupfer Schneider, and Sarah Rudolph Cole won the CPR’s Outstanding Book Award for their 2021 publication Discussions in Dispute Resolution: The Foundational Articles (Oxford Univ. Press). We at Indisputably (who did not win a CPR award this year!) are incredibly proud … Continue reading Congratulations to Hinshaw/Schneider/Cole on CPR Awards
From BFOI Brian Farkas (Cardozo): Some breaking news tonight from the House of Representatives: H.R. 4445 has just passed, a bill that would amend the FAA to prohibit the mandatory arbitration of sexual harassment and assault claims: Here’s the bill: https://www.congress.gov/bill/117th-congress/house-bill/4445 And some description: https://thehill.com/homenews/house/593206-house-passes-bill-to-end-forced-arbitration-in-sexual-misconduct-cases It appears this will be heading towards passage in the Senate shortly … Continue reading House Passes Bill to End Mandatory Arbitration of Sexual Harassment And Assault Claims
Thanks to BFOI Peter Reilly (Texas A&M) for gathering this winter’s compilation of current ADR scholarship projects: Kelly Browe-Olson (University of Arkansas Little Rock William H. Bowen School of Law) In progress: Family Dispute Resolution Handbook, co-edited with Peter Salem for Oxford University Press, Including Intimate Partner Violence and FDR, co-written with Nancy Ver Steegh … Continue reading ADR Scholarship Projects (Winter 2021-22)
From FOI Imre Szalai: Yesterday, the Supreme Court added yet another arbitration case to its docket, Viking River Cruises v. Moriana, No. 20-1573, which deals with the clash between the FAA and California’s Private Attorney General Act (PAGA). Under PAGA, California courts have allowed workers to pursue representative claims in court against employers on behalf … Continue reading Another Supreme Court Cert Grant
