Stacie Strong (Missouri) has circulated a notice for an upcoming symposium entitled “Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration,” to be convened at the University of Missouri School of Law on October 21, 2011. As part of the symposium, the Chartered Institute of Arbitrators (CIArb) North American Branch will sponsor a student … Continue reading New ADR Writing Competition
Today the Supreme Court handed down its decision in AT&T v. Concepcion, and it went the way I think most observers predicted. Concepcion involved a dispute over the charges in a cell phone contract. The contract included an arbitration agreement that expressly waived the right to proceed as part of a class. In addition, in … Continue reading Supreme Court Allows Companies to Opt Out of Class Actions
Lawrence Cunningham (GW Law) has posted his forthcoming article Rhetoric vs. Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts (and Why Contracts Teachers Need not Teach the Cases) on SSRN. The article addresses the contradictions in the Supreme Court’s arbitration jurisprudence caused when the Court recites incantations about freedom of contract … Continue reading Cunningham on Arbitration Rhetoric & Reality
If you haven’t been following the NFL labor situation, the sides are fighting over the biggest pot of professional sports money in America. George Cohen, head of the Federal Mediation and Conciliation Service, mediated a brief and ultimately fruitless attempt to negotiate a new collective bargaining agreement between the NFL and the players’ union earlier … Continue reading How Process Can Affect BATNA: The NFL Labor Dispute
I mentioned the new ADR writing competition sponsored by the ADR Committee of the ABA’s Tort Trial & Insurance Practice Section in a post back in February. The competition is open to all law students who are members of the ABA and attending an ABA accredited law school. Here’s the other pertinent info: Topic: Recent … Continue reading Writing Competition Reminder
This article from the National Law Journal online offers some good guidance for students as to the skills young lawyers need to succeed in a law practice. Among the essential skills are knowledge of current events, appearance, sociability, humility, manners, generosity, flexibility, punctuality, diligence, and collegiality. I can certainly think of things I would add … Continue reading The [Non-Legal?] Skills Young Lawyers Need
Last week, the Nevada Supreme Court heard arguments in a case alleging that a lender participated in Nevada’s mandatory foreclosure mediation program in bad faith. The 2009 law that established the program allows district court judges to sanction parties if they are found to have acted in bad faith. The homeowners argued that the lender … Continue reading Question of “Bad Faith” Mediation reaches Nevada Supreme Court
Writing in the Huffington Post, lawyer and author Doug Noll reports on the appointment of Naguib Sawiris to act as a mediator between the opposition and the authorities in carrying through the political reforms. Sawiris is a Coptic Christian billionaire businessman who has criticized both the Mubarak regime and the Muslim Brotherhood, while praising Mohamed … Continue reading Egypt’s Mediator
Many of us have students writing papers on ADR topics. There are at least two writing competitions taking submissions this spring for ADR papers. The best known is the James Boskey ADR Writing Competition, which is sponsored by the ABA Section of Dispute Resolution in conjunction with Jean Sternlight and UNLV’s Saltman Center. The deadline … Continue reading ADR Writing Competitions
Fordham will hold its annual Dispute Resolution Symposium next Friday, January 21, from 9:30-12:30 at Fordham’s Lincoln Center campus. The symposium is titled “The Supreme Court and Recent Arbitration Jurisprudence: Where Are We Headed?” Tom Stipanowich (Pepperdine) will be the keynote speaker. I will moderate the panel discussion featuring Eric Tuchmann (General Counsel of AAA), … Continue reading Fordham Dispute Resolution Symposium
