If you are planning to attend the AALS Annual Meeting in San Francisco next week, please join me at the ADR Section’s program (co-sponsored by the Section on Comparative Law) — Comparative Commercial Arbitration: U.S., Asia, Europe, and Latin America — on Friday, January 6, at 1:30pm, in Golden Gate 6 at the Hilton. I … Continue reading AALS ADR Program in SF on Comparative Commercial Arbitration
Carol Pauli (Texas A&M) has just published “Whole Other Story: Applying Narrative Mediation to the Immigration Beat,” in the Cardozo Journal of Conflict Resolution, available here. The abstract: If Donald Trump, in kicking off his campaign for the White House, was saying “what everyone is thinking” about illegal immigration, it must be that his message … Continue reading Pauli on Narrative Mediation, Trump, and Immigration
Hiro Aragaki’s recent article, Arbitration: Creature of Contract, Pillar of Procedure, 8 Y.B. on Arb. & Mediation 2 (2016), takes a hard, HARD look at the intersection of contractarian values like consent and autonomy in the context of arbitration. The headline is that he begs us to : stop and think twice before invoking the … Continue reading A Warning/Plea from Aragaki on Arbitration & Contractarian Visions
“[E]xtremism in the defense of liberty is no vice! And . . . moderation in the pursuit of justice is no virtue!” So said Senator Barry Goldwater a half a century ago when he accepted the Republican nomination for president in 1964. He lost that election in a landslide, so extremism apparently wasn’t such a … Continue reading Is Political Moderation a Virtue These Days?
Tis one of the least fun seasons of the year for faculty: Time to grade stacks of exams and papers. While it is exciting to see signs that some of our wards have learned a lot from our instructional efforts, it is depressing to see evidence raising doubts that we inhabit the same galaxy as … Continue reading A Cool Course Assignment for Next Semester — and A Scholarship Opportunity
From the Notice and Comment blog: “In A Report to the President-Elect of the United States 2016, the ABA’s Section of Administrative Law and Regulatory Practice calls attention to the opportunity to enhance to the efficiency of, and satisfaction with, the outcomes of agency adjudications by expanding the government’s commitment to using ADR techniques.” For … Continue reading ABA Administrative Law Section Encourages Trump Administration to Utilize ADR
From our friends at the Harvard Negotiation and Mediation Clinical Program: On November 5, 2016, the Harvard Negotiation and Mediation Clinical Program (HNMCP) at Harvard Law School celebrated its 10th Anniversary with a public symposium that was both retrospective and prospective, addressing the clinic’s foundational focus on dispute systems design, as well as looking at … Continue reading HNMCP 10th Anniversary Symposium
Troubled by the corrosive conflict stirred up by the election, I have written a series of posts about how we might move forward constructively, particularly on the personal (as distinct from the political) level. I think that political progress may depend, in part, on breaking down barriers of misunderstanding and fear between groups in our … Continue reading Building Common Ground Between Bubbles – Part 4
Apropos of our recent focus on arbitrators, a new article recently appreared on SSRN, Inside the Arbitrator’s Mind. The piece, authored by FOI Susan Franck (American), Anna van Aaken (Max Planck Institute), James Freda (United Nations), Chris Guthrie (Vanderbilt) and Jeffery Rachlinksi (Cornell) builds on Guthrie’s and Rachlinkski’s piece Inside the Judicial Mind (with Judge … Continue reading Inside the Arbitrator’s Mind
This audience might be interested in reading an article that appeared in the December 2016 volume of the Journal of Empirical Studies entitled “Are Arbitrators Human?” Authored by a Ph.D. candidate in human development (Rebecca K. Helm, Cornell), a federal magistrate judge (Judge Andrew J. Wistrich, CD Cal.), and a law professor (Jeffrey J. Rachlinski, … Continue reading Article Asks Whether Arbitrators are Human
