It’s the season of student writing competitions, so I thought I would collect information here for those with students writing papers on ADR topics this spring. I’m aware of the following two competitions specifically devoted to ADR. Please feel free to add any I’ve missed in the comments. ACR Student Writing Competition. Papers must be … Continue reading ADR Writing Competitions
The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The … Continue reading Denial of Certiorari in Delaware Chancery Arbitration Case
I’ll be presenting my article Bargaining with Consequences: Leverage and Coercion in Negotiation tomorrow (Friday, February 27, 2014) at the Quinnipiac-Yale Dispute Resolution Workshop at Quinnipiac University School of Law. Here’s the abstract to the article, which will be published later this spring in the Harvard Negotiation Law Review: Leverage has been called “negotiation’s prime mover,” … Continue reading Bargaining with Consequences
Request for Proposals Hosting the AALS Alternative Dispute Resolution Section 2014 Works-in-Progress Conference The AALS Alternative Dispute Resolution Section is seeking a host for the 8th Annual Works-in-Progress Conference to take place in the fall of 2014. The WIP Conference has become one of the “must attends” in the ADR academic field. Previous hosts include … Continue reading Call for Proposals – 2014 Works in Progress Conference
The AALS Section on Dispute Resolution hosted a panel on ADR and the Regulatory State at the Annual Meeting in New York on January 4, 2014. I moderated the panel, which featured Jeffrey Lubbers (American), Maureen Weston (Pepperdine), and Nancy Welsh (Penn State). Adam Zimmerman and Dana Remus were selected to participate from a call for papers, … Continue reading AALS Annual Meeting Update
The Consumer Financial Products Board has issued preliminary findings from its study of arbitration clauses in consumer financial contracts. The results will not surprise anyone who follows this area. The CFPB found that large banks are much more likely than small banks to include arbitration clauses, but that because of their market share, around 50% … Continue reading CFPB Preliminary Results on Study of Arbitration Clauses in Consumer Financial Contracts
The Third Circuit has affirmed the District Court decision striking down Delaware’s Chancery Arbitration scheme in Delaware Coalition for Open Government v. Strine. Like the District Court, the Third Circuit applied the “experience and logic test” to conclude that the First Amendment confers a right of public access to the Chancery arbitrations because there has been … Continue reading Third Circuit Rejects Delaware Chancery Arbitration Scheme
Litigate (v.) – To resolve or avoid bureaucratic conflict. “We should cancel the speech, but I need to litigate that with the speaker’s office.” As defined in Ben Schott and Mark Leibovich’s op-chart on “Washington Words” in this morning’s Times.
Paul Bland has a compelling post on the Second Circuit’s recent decision in Duran v. The J. Hass Group, in which the court enforced an arbitration agreement requiring a consumer from New York, who alleged she was defrauded of almost $4000, to arbitrate in New Mexico. Paul’s summary: This strategy worked pretty well for the defendants … Continue reading The Most Recent Example of Arbitration Overreach
Just a reminder that the deadline for responding to the call for papers for the AALS Section on Alternative Dispute Resolution program at the 2014 Annual Meeting in New York is September 5, 2013. The program topic is ADR and the Regulatory State. The author of the selected paper will join our esteemed colleagues Nancy … Continue reading Call for Papers – AALS ADR Section – Sept. 5 Deadline
