I am pleased to post this on behalf of Prof. David Horton (UC Davis Law): Dear Colleagues, I hope the end of the semester is treating you well. As you may have heard, Judge Rakoff recently issued an important opinion finding that a plaintiff did not assent to an arbitration clause in Uber’s Terms of … Continue reading Amicus brief in Second Circuit Uber arbitration case
This morning, I posted How Can We Build Common Ground Between Bubbles? (Thanks for your kind words, Jen.) This afternoon, I got the following email from the National Coalition for Dialogue & Deliberation, which addresses my post: The Presidential election and the week following has brought the deep divides in this nation to a head, … Continue reading How Can We Build Common Ground? – Part 2
Art Hinshaw (Arizona State) has published “Regulating Mediators” in the Harvard Negotiation Law Review, available here. Read on for two micro-analyses or “quick takes” on Art’s article. Note that these takes are not supposed to provide in-depth analysis of the entire article. Rather, they should (1) provide a quick look at scholarship trending in ADR; … Continue reading Two Quick Takes on Hinshaw: Regulating Mediators
This has been a dramatic week to say the least. Very few people expected the outcome of the presidential election. The country is starkly divided with one major candidate receiving more electoral votes while the other major candidate received more popular votes. Although the two candidates received a similar number of popular votes, the exit … Continue reading How Can We Build Common Ground Between Bubbles? – Part 1
I’m happy to post the call for proposals on this closely related topic to our own teaching. CALL FOR PRESENTATION PROPOSALS Institute for Law Teaching and Learning—Summer 2017 Conference Teaching Cultural Competency and Other Professional Skills Suggested by ABA Standard 302 July 7-8, 2017 University of Arkansas at Little Rock William H. Bowen School of … Continue reading Call for Presentation Proposals–Cultural Competency and Other Stuff We Teach!
This week I gave a talk by skype to EFOI Elayne Greenberg’s Dispute System Design Seminar through St. John’s Hon. Hugh L. Carey Center for Dispute Resolution. This year-long honors seminar is described as follows. “The 3L Carey Center Fellows in the seminar use a textbook, and explore real-life examples, that introduce the core elements … Continue reading Presentation at St. John’s DSD Seminar on Overcoming Barriers to Implementation of PEDR Systems
Last week Amy Schmitz (Missouri) sent out a message on this topic on the list serv and I asked if she could morph it into a blog post, which she has kindly done. On October 28, the Department of Education issued final regulations intended to protect student loan borrowers against school closures and fraud. To … Continue reading Schmitz on Student Loans, Arbitration, and Class Waivers
The law school formerly known as the South Texas School of Law changed its name over the summer to the Houston College of Law and was promptly sued by the University of Houston for trademark infringement. The University of Houston won a preliminary restraining order, and the Houston College of Law agreed to give up … Continue reading the School with no name, is now named; it’s a lot like the old name
In the category of “did we really need to litigate this all the way to an appellate court,” last Friday the Ninth Circuit vacated a FINRA arbitration award where the parties learned four years after the hearing that the Chairperson of the panel was impersonating a lawyer. In Move Inc. v. Citigroup Global Markets, Inc., … Continue reading Ninth Circuit Disapproves of Imposter Arbitrators
Jonathan Cohen (Florida) has published “A Genesis of Conflict: The Zero-Sum Mindset” in the Cardozo Journal of Conflict Resolution, available here. The abstract: Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the “zero-sum mindset,” can lead to undesirable results, both … Continue reading Cohen on Genesis and Conflict
