All posts by Paul Kirgis

Another View of the Arbitration Cathedral–Further Thoughts on Sharif

In her post this week, Jean Sternlight argues that the logic of the Supreme Court’s recent decision in Wellness Int’l Network v. Sharif casts doubt on the constitutionality of private mandatory arbitration, at least as applied to consumers and employees. She challenges the insistence by the Court’s pro-arbitration Justices that arbitration does not implicate constitutional rights ecause arbitrators … Continue reading Another View of the Arbitration Cathedral–Further Thoughts on Sharif

Mangano Award Goes to John Lande

Congratulations to our co-blogger John Lande, the winner of St. John’s University’s inaugural Mangano Dispute Resolution Advancement Award! The $5000 annual award honors researchers whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. It was established through the generosity of Hon. Guy J. Mangano ’55, ’83HON, who has … Continue reading Mangano Award Goes to John Lande

CFPB Report on Arbitration in Consumer Finance Contracts

The Consumer Financial Products Board has issued its report on the use of pre-dispute arbitration clauses in consumer finance contracts, as directed by Congress in the Dodd-Frank Act. In conducting its study, the CFPB looked at hundreds of financial agreements, reviewed thousand of disputes–including individual arbitrations, individual lawsuits, class actions, and public enforcement actions–and conducted a … Continue reading CFPB Report on Arbitration in Consumer Finance Contracts

Mangano Dispute Resolution Advancement Award – Call for Nominations

The Hugh L. Carey Center for Dispute Resolution at St. John’s is pleased to announce a new award for scholarship in the field of ADR. Here’s the notice, with info on nominations: The Mangano Dispute Resolution Advancement Award honors the researcher(s) whose published empirical research has furthered the advancement and understanding of the values and … Continue reading Mangano Dispute Resolution Advancement Award – Call for Nominations

ABA Section of Dispute Resolution Seeking Law School Intern

The ABA Section of Dispute Resolution is seeking a law student intern for the Summer 2015.  Section interns focus on alternative dispute resolution (ADR) research under supervision of an attorney.  Duties may include: Researching emerging critical issues Conducting needs assessment and systems design for dispute resolution processes Research the use of ADR in institutions such as … Continue reading ABA Section of Dispute Resolution Seeking Law School Intern

AFJ/SALT Reception at AALS to Screen “Lost in the Fine Print”

The Alliance for Justice and SALT will host a reception at 8:30 p.m. on Saturday, January 3 in conjunction with the AALS Annual Meeting in Washington, DC. The reception will feature a screening of the short film Lost in the Fine Print: Examining the Impact of Forced Arbitration. The film will be followed by brief comments … Continue reading AFJ/SALT Reception at AALS to Screen “Lost in the Fine Print”

Glover on Mandatory Arbitration and Public Law

Professor Maria Glover (Georgetown) has posted her paper Disappearing Claims and the Erosion of Public Law on SSRN. The article will be published in the Yale Law Journal. Here’s the abstract: The Supreme Court’s arbitration jurisprudence in the last five years represents the culmination of a three-decade long expansion of the use of private arbitration … Continue reading Glover on Mandatory Arbitration and Public Law

Industry Response to Consumer Arbitration Study

Alan Kaplinsky and Mark Levin, Ballard Spahr attorneys writing on their CFPB Monitor blog, have offered their initial thoughts on the study of consumer understanding of arbitration agreements that my St. John’s colleagues and I recently posted. My colleague Jeff Sovern has posted a full response at the Consumer Law & Policy Blog. I’ll just add … Continue reading Industry Response to Consumer Arbitration Study

Kudos to Southwestern for a Great WIP Conference

Led by Professor Ron Aronovsky, Southwestern Law School did a first-class job of hosting the AALS Dispute Resolution Section’s Works-in-Progress Conference this weekend. The conference is always one of the highlights of the Dispute Resolution community’s academic year, offering a unique opportunity for scholars in the field to congregate and share ideas. This year’s conference … Continue reading Kudos to Southwestern for a Great WIP Conference