Category Archives: Arbitration

ABA Law Student Division Arbitration Competition

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From Friend of Indisputably Kristen Blankley (Nebraska) – It is time to register for the American Bar Association 2012-13 Arbitration Competition!  For details about the competition and to register your school by the September 14 deadline, please visit the Arbitration Competition Home Page.  This unique competition promotes greater knowledge and interest among law students about arbitration … Continue reading ABA Law Student Division Arbitration Competition →

Sternlight on Mandatory Arbitration and Procedurally Difficult Claims

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You may remember the AALS ADR Section’s program “The Supreme Court and the Future of Arbitration” at the AALS Annual Meeting in January.  I thought the program was fantastic – kudos to Ron Aronovsky for putting the program together and to the presenters (including Indisputably contributors Sarah Cole and Jill Gross) who did a terrific job.  … Continue reading Sternlight on Mandatory Arbitration and Procedurally Difficult Claims →

Helfland on Religion and Arbitration

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If you’re not a regular reader of Prawfsblog, you’ve missed out on some excellent guest blogging by Michael Helfland (Pepperdine).  Helfland’s primary interest areas are arbitration and the intersection between law and religion and, not surprisigly, his Prawfs posts of interests focus on those two themes. In the first post he uses a case out Florida involving the Church of … Continue reading Helfland on Religion and Arbitration →

The Unfairness of Arbitration?

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In today’s New York Times, Stanford Law Prof. Amalia Kessler has an interesting op-ed about consumer arbitration.  The interesting thing about this piece is not its arguments against consumer arbitration but its historical take on arbitration that looks back past the FAA.  That said, it hints  at an argument I’ve heard many times about the high percentage of arbitration cases … Continue reading The Unfairness of Arbitration? →

SEC Seeks Public Comment on Two FINRA Dispute Resolution Rule Proposals

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The SEC has published two requests for public comment on proposals to amend two separate FINRA Dispute Resolution procedural rules. The SEC’s first request for comment on a FINRA rule change proposal to raise the monetary threshold for Simplified Arbitration cases from $25,000 to $50,000. See the Federal Register Notice here. Comments are due by … Continue reading SEC Seeks Public Comment on Two FINRA Dispute Resolution Rule Proposals →

The Commodification of Legal Decisionmaking

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The Delaware Chancery Court arbitration scheme is on one side of a gold coin, with the “federal policy favoring arbitration” on the other. The story starts with the slow strangulation of the judiciary caused by Congress’s failure over the last forty years to add enough judges to keep up with the draconian penal laws that … Continue reading The Commodification of Legal Decisionmaking →

Cardozo Conference on Concepcion

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On Thursday, April 26, 2012, Cardozo Law will hold a half-day conference on the scope and impact of AT&T Mobility v. Concepcion. The conference will begin at 1:30 and will feature scholars such as Jean Sternlight, Nina Pillard, Judith Resnik, Charles Silver, and my colleague Adam Zimmerman.

SDNY Invalidates Class Waiver for FLSA Claim

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Earlier this month, the NLRB ruled that employers may not require employees to consent to the waiver of class rights as part of an employment arbitration agreement. The NLRB’s rationale was that the Fair Labor Standards Act and the Norris-LaGuardia Act guarantee employees the right to enforce their provisions through collective action. Now, in Sutherland … Continue reading SDNY Invalidates Class Waiver for FLSA Claim →