All posts by Paul Kirgis

Testing Assumptions about Consumer Understanding of Arbitration

Arbitration critics often make assertions about the impact of arbitration clauses hidden in the fine print of employment and consumer contracts. In the short film Lost in the Fine Print, for example, Robert Reich bases much of his critique of what the movie calls “forced arbitration” on the lack of meaningful consumer understanding of—and therefore … Continue reading Testing Assumptions about Consumer Understanding of Arbitration

“Lost in the Fine Print” – Robert Reich Film on Forced Arbitration

On October 6, the Alliance for Justice will release Lost in the Fine Print, a short documentary featuring Robert Reich criticizing “forced arbitration.” (A description and trailer for the movie, plus information about teaching resources and a petition, are available here.) AFJ uses the term “forced arbitration” to refer to what is more commonly known in the … Continue reading “Lost in the Fine Print” – Robert Reich Film on Forced Arbitration

WIP Conference Registration – Final Notice

This is a final reminder that the deadline to register as a presenter for the Eighth Annual AALS ADR Works-in-Progress conference is next Monday, October 6.  The Conference will take place in early November at Southwestern Law School in Los Angeles. The Conference will begin with a welcoming reception on Thursday evening, November 6, followed … Continue reading WIP Conference Registration – Final Notice

WIP Conference Registration Deadline Oct. 6

A final reminder that there is still time to register as a presenter at Eighth Annual  AALS ADR Section Works-in-Progress Conference, which will take place in November at Southwestern Law School in Los Angeles. The WIP Conference has traditionally provided a fine opportunity for junior and senior ADR scholars to workshop their current research.  WIP … Continue reading WIP Conference Registration Deadline Oct. 6

“Exceeding Powers”, or Review on the Merits?

Thanks to Sarah Cole for pointing out a recent decision of the Ohio Supreme Court addressing the thorny question of when a court may vacate an arbitral award on the grounds that the arbitrators exceeded their powers by interpreting the underlying contract to allow a remedy not normally allowed under state law. Cedar Fair, LLP v. … Continue reading “Exceeding Powers”, or Review on the Merits?

Multi-Stage Negotiation Materials on DRLE Website

John Lande continues to build out the DRLE website with useful information. The most recent addition is a section of the website devoted to multi-stage simulations, with classroom exercises, role plays, and a variety of other materials for those interested in incorporating or expanding their use of multi-stage simulations. Here’s John: Probably most of us use … Continue reading Multi-Stage Negotiation Materials on DRLE Website

Works-in-Progress Conference Registration

Registration is now open for the AALS ADR Section’s Eighth Annual Works-in-Progress Conference, which will take place this November at Southwestern Law School in Los Angeles.  The Conference will begin with a welcoming reception hosted by Southwestern on the evening of Thursday,November 6.  Friday, November 7 will feature a full day of presentations, along with continental breakfast, luncheon and dinner … Continue reading Works-in-Progress Conference Registration

Gilles & Sebok on Crowd-Classing Individual Arbitrations

In a new article published as part of DePaul Law School’s excellent annual Clifford Symposium on Tort Law & Social Policy, Miriam Gilles and Tony Sebok take up the subject of Crowd-Classing Individual Arbitrations in a Post-Class Action Era. They suggest that enterprising plaintiffs’ attorneys have two potentially viable avenues for making it financially viable … Continue reading Gilles & Sebok on Crowd-Classing Individual Arbitrations

Works in Progress Conference – Save the Date

The AALS Section on Alternative Dispute Resolution is delighted to announce that Southwestern Law School will host the Eighth Annual ADR Section Works-in-Progress conference. The conference will take place at Southwestern’s campus in Los Angeles on Friday, November 7 and Saturday, November 8, with a welcoming reception on Thursday night, November 6 for early arrivals. Details about conference registration and … Continue reading Works in Progress Conference – Save the Date

Zimmerman & Remus on Mass Settlements

Adam Zimmerman has been doing ground-breaking work on mass settlements for several years now, and he has two new articles, one done with Dana Remus, that extend those investigations into new areas. The first is titled Presidential Settlements, 163 U. Pa. L. Rev. _ (forthcoming 2015) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2414748). Here’s the abstract: Large groups repeatedly turn to the … Continue reading Zimmerman & Remus on Mass Settlements