Amy Cohen (Temple/UNSW) is publishing “The Rise and Fall and Rise Again of Informal Justice and the Death of ADR” in the Connecticut Law Review, available on SSRN. The abstract: Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient … Continue reading Cohen on the Death of ADR →

From our wonderful FOI Brian Farkas (Cardozo): U.S. Supreme Court appointments are back in the headlines, making this a perfect week for the Cardozo Law Review to publish its special Appointments Issue on the transition from Justice Ruth Bader Ginsburg to Justice Amy Coney Barrett. The full issue is available here. Articles include perspectives on … Continue reading Farkas on the Transition from Ginsburg to Barrett →

Ron Aronovsky (Southwestern) has just published “Starting Over: Letting States Regulate Adhesion Arbitration Agreements” in the Syracuse Law Review. The abstract: The explosive growth of adhesion arbitration—mandatory arbitration clauses in adhesion contracts—throughout today’s economy compromises access to justice for millions of Americans. This widespread use of adhesion arbitration stems from a series of U.S. Supreme … Continue reading Aronovsky on Adhesion Arbitration →

FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?,” published in the Cardozo Journal of Conflict Resolution (and available on SSRN). Press and Deason’s article explores concepts from the book, Me and White Supremacy, as applied to the practice, process, … Continue reading A Conversation about Whiteness and Mediation →

You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.” It’s a fascinating account of how communities are wrestling with historic racial inequities, as a matter of understanding the past and dealing with the present. The article describes how after the … Continue reading “A Community for All” →

You may have heard the inauguration poet, Amanda Gorman (she’s 22!), speaking on NPR today. She said that there are certain combinations of letters she has trouble pronouncing, and because she often reads her poetry out loud, she has to change her first choices of words to other words so that she can be understood … Continue reading Making Ourselves Understood →

Just following up on a previous post: My new article, “Talking About Abortion (Listening Optional),” published in the Texas A&M Law Review, is now available on SSRN. Abstract: Whether we can expect others to listen—and whether we choose to listen to others—have become central challenges in handling conflicts around polarized and high-profile political matters. For … Continue reading Reynolds on the Listening Dilemma →

My Oregon Law colleague shared this alarming graph today (you have to click the title of this post to see the chart): Our political positions and partisan affinities resonate as a matter of emotions and values, and the powerlessness that so many feel must be fueling the responses people had to this survey. H/T Ofer … Continue reading Feelings of Political Violence →

This year’s AALS will be a virtual meeting, which for many of us means that we will actually be able to attend the meeting. I just signed up and selected my “agenda” of programs. Among those is the panel brought to us by our ADR Section — “Effective Twitter Advocacy: Is It Possible?” — it … Continue reading AALS 2021: ADR Panel →

FOI Amy Cohen (Ohio State) has published a post on the Law and Political Economy blog describing her new article, “A Labor Theory of Negotiation: From Integration to Value Creation.” I was fortunate to read an early version of this article — it’s incredible! Here’s an excerpt from that post that gives you a sense … Continue reading Cohen on Negotiation and Political Economy →