Reported this afternoon in the National Law Journal: “In a June 5 memo sent to all Justice Department component heads and U.S. attorneys, Sessions said DOJ attorneys may no longer enter settlement agreements on behalf of the nation that direct or provide ‘for a payment or loan to any non-governmental person or entity that is … Continue reading AG Sessions vs. cy pres awards
With great delight and without the least surprise, word came earlier this week that both Liz Tippett and Erik Girvan have received tenure at the University of Oregon School of Law. Soon-to-be Associate Professor Liz Tippett is a Negotiation scholar, among other things, and she is co-faculty director of Oregon’s Conflict and Dispute Resolution Master’s … Continue reading Congratulations to Newly Tenured Faculty
@sageboggs: Crazy how people more successful than me are lucky and people less successful than me haven’t worked as hard Somehow, I’m guessing that @sageboggs is not Lee Ross’s Twitter handle, but who knows? MM
Earlier this week, I opened an envelope containing a menu from Conflict Kitchen (ConflictKitchen.org) and I was utterly captivated. I don’t know much of anything about the place. I don’t know the politics or the culinary skills of the owners. I don’t know its typical clientele, its finances, or its plans for the future. I do … Continue reading Conflict Kitchen
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
