All posts by mmoffitt@uoregon.edu

A Concurring Dissent, or a Dissenting Concurrence, on Law Review Reprints

My friend and colleague John Lande just posted a musing about law review reprints. John notes that he misses law review reprints only because he now receives no personalized notes from reprints’ authors. John did not need to rehearse the reasons for reprints’ relatively recent demise. He didn’t need to. These reasons are well understood … Continue reading A Concurring Dissent, or a Dissenting Concurrence, on Law Review Reprints

If you teach ADR and CivPro, your exam writing dreams have been answered! (and you need better dreams)

Last week, U.S. Magistrate Judge M. David Weisman, issued an order in a case pitting the state of Illinois against Monsanto and other chemical manufacturers for discharging PCBs. Illinois sought to compel disclosure of certain documents the defendants produced in conjunction with ADR proceedings that arose during nine other lawsuits spanning back to 1984. The … Continue reading If you teach ADR and CivPro, your exam writing dreams have been answered! (and you need better dreams)

Grande Lum – New Director of Stanford Law School’s Gould Negotiation and Mediation Program

I am delighted – – for our field, for our colleagues at Stanford, and for our colleague Grande – – to share the news that Grande Lum was formally announced yesterday as the new Director of Stanford’s Negotiation and Mediation Program. I suspect strongly that Grande is familiar to everyone reading this blog, but just … Continue reading Grande Lum – New Director of Stanford Law School’s Gould Negotiation and Mediation Program

Sander Award Winners – Bipartisanship and Reform in Congress

As those of you who were in Las Vegas for the ABA Conference know, the 2023 Frank E. A. Sander Award for Innovation in Dispute Resolution went to the House Select Committee on Modernization of Congress. Named for long-time Harvard Law School professor Frank Sander, the Frank E.A. Sander Innovation in ADR Award was established to recognize … Continue reading Sander Award Winners – Bipartisanship and Reform in Congress

“Walmart Is Using AI to Negotiate the Best Price With Some Vendors”

From Bloomberg this afternoon, article here. “As ChatGPT dazzles the general public with fanciful uses of artificial intelligence, such as writing Hollywood scripts or opining on fantasy baseball and art theory, Walmart Inc. is leaning on AI for a more pragmatic purpose: bargaining with suppliers….” “Artificial intelligence isn’t a threat to Walmart’s human negotiators, at least not yet. Instead the … Continue reading “Walmart Is Using AI to Negotiate the Best Price With Some Vendors”

An Ethics Case with Something for Almost Everyone (who teaches in this field)

For those among us who teach Professional Responsibility / Ethics courses as well as ADR, just a quick nod (or reminder nod) to the Dolan & Kennedy DC Bar Discipline case available here. The facts are not terribly complicated, although they are pretty horrifying. And the report and recommendation of the Board on Professional Responsibility … Continue reading An Ethics Case with Something for Almost Everyone (who teaches in this field)