Hiro Aragaki’s recent article, Arbitration: Creature of Contract, Pillar of Procedure, 8 Y.B. on Arb. & Mediation 2 (2016), takes a hard, HARD look at the intersection of contractarian values like consent and autonomy in the context of arbitration. The headline is that he begs us to : stop and think twice before invoking the … Continue reading A Warning/Plea from Aragaki on Arbitration & Contractarian Visions
Announcement available here. This blog is aimed principally at the intersection of the academy and ADR. But for those who are perhaps new to one or the other, the ABA Section on Dispute Resolution is both enormous and critically important. (I know that’s not true of all sections, in all academic disciplines. But if you’re … Continue reading Linda Seely – New Director of ABA Section on Dispute Resolution
From this morning’s National Law Journal article (available here) reporting on the 9th circuit’s consideration of the appeal from a N.D.CA court’s finding that Uber’s arbitration clause was unenforceable for reasons of unconscionability: According to Uber, Chen’s rulings refused to follow the Ninth Circuit’s 2013 en banc decision in Kilgore v. KeyBank, which held that an … Continue reading 9th Circuit on Uber Arbitration
From this morning’s Inside Higher Ed: Apollo Education Group, the parent company of the University of Phoenix and Western International University, announced Thursday that it would eliminate the use of mandatory arbitration clauses in students’ enrollment agreements. “We have worked hard to further improve the student experience at all of our institutions and it’s clear that eliminating … Continue reading University of Phoenix Nixes Mandatory Arbitration Clause for Students
From FOI Bob Bordone: I’m writing to let you know that we have just listed an opening for a clinical fellow position at the Harvard Negotiation & Mediation Clinical Program. This position will be open until filled. This is a position designed for those who are 1 to 3 years out of Law School and is … Continue reading Harvard Clinical Fellow Opening
Story this morning in Inside Higher Education (here) indicating that DOE is considering rules that would ban universities from including mandatory arbitration clauses as part of students’ enrollment packets. Still in the negotiated rule making process, and it’s not clear to me if this relates to all matters, or just in actions involving alleged consumer loan … Continue reading US Dept. of Education & Mandatory Arbitration
I’m not sure whether “congratulations” or “thank you” is more appropriate, but wanted to let you all know that Jen Reynolds has agreed to serve as Interim Ombuds at the University of Oregon for the next six months, while the University conducts a national search for a permanent Ombuds. Announcement here. I’m sure that Jen … Continue reading Jen Reynolds (new Ombuds at Oregon)
On the theory that it’s never too early or too late for good exam ideas… I suggest a recent Chronicle of Higher Education post by Katie Rose Guest Pryal entitled “What’s Your BATNA?” I think one could reasonably reproduce the entire article, and simply ask, “Thoughts?” (My draft call of that exam question might need some … Continue reading Exam Idea: critique of CHE article on BATNAs
From our colleagues and friends at the Harvard Law School Negotiation & Mediation Clinical Program. MM – – – – – This is the fifth in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and … Continue reading Fallacies about ADR Careers? – Part 5
From our colleagues and friends at the Harvard Law School Negotiation & Mediation Clinical Program. MM – – – – – This is the fourth in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and … Continue reading Fallacies about ADR Careers? – Part 4
