All posts by Paul Kirgis

Occupy Arbitration? Judicial Nonviolent Resistance

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Over the past 18 months, the Supreme Court has become increasingly brazen in using the Federal Arbitration Act to cut off procedural rights–and in the process substantive rights–established by Congress and state legislatures. Through its decisions in Rent-a-Center, Stolt-Nielsen, and Concepcion, the Court has handed the Chamber of Commerce a simple recipe for relieving itself of many of … Continue reading Occupy Arbitration? Judicial Nonviolent Resistance →

Negotiation Theory as Scientific Knowledge

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In the fall issue of the New York Dispute Resolution Lawyer, Laura Kaster reports on a case that brings together my two fields–Evidence and ADR–in a way I’ve never seen before. The case, Lucent Technologies, Inc. v. Microsoft Corp. (2011 WL 5513225), is a long-running patent dispute in which Lucent claims Microsoft infringed by incorporating … Continue reading Negotiation Theory as Scientific Knowledge →

Congratulations Dispute Resolution Triathlon Winners

The Hugh Carey Center for Dispute Resolution at St. John’s hosted the third annual Securities Dispute Resolution Triathlon in Manhattan this weekend. Twenty-four student teams from law schools around the country participated in the competition, which requires them to negotiate, then mediate, then arbitrate a realistic securities dispute. FINRA neutrals serve as mediators, arbitrators, and … Continue reading Congratulations Dispute Resolution Triathlon Winners →

Zimmerman on Non-Class Mass Settlements

From my colleague Adam Zimmerman: When defendants settle cases involving a large group of people, they often won’t settle without some kind of “peace” — a binding release from nearly all of the potential plaintiffs. The decline of class action settlements, however, means that peace often comes through informal aggregate agreements — a practically binding … Continue reading Zimmerman on Non-Class Mass Settlements →

Hall Street, Manifest Disregard, and the Worst of All Possible Worlds

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We have now had enough time since the Supreme Court’s decision in Hall Street Assocs., LLC v. Mattel, Inc. to assess the “manifest disregard” standard for vacatur of an arbitral award, and it seems apparent that the results are not good. Effectively, the courts, including the Supreme Court, have left arbitration law with the worst … Continue reading Hall Street, Manifest Disregard, and the Worst of All Possible Worlds →

ABA Adopts Resolution on Skills Training

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Yesterday the ABA adopted a tepid resolution encouraging law schools to, perhaps, if they want to, give their students more training for the actual practice of law by developing “capstone” courses and clinics. Unfortunately, the resolution expressly states only that these courses should provide students with “client contact” (which is good) and “court appearances” (which … Continue reading ABA Adopts Resolution on Skills Training →