In light of the ongoing debate about the fairness of investor state arbitration (see my earlier blog post here), the European Commission has now proposed a new investor state court to replace the arbitrations under ICSID and UNCITRAL. (See the whole article here.) The court would operate apparently like the WTO with both a lower court … Continue reading Investor State Trade Court?
Money can’t buy me love. – Paul McCartney As a corollary to psychologist McCartney’s insight, money can’t buy lawyers (much) happiness. That’s one of the key findings of Lawrence Krieger and Kennon Sheldon’s impressive study, What Makes Lawyers Happy?: A Data-Driven Prescription to Redefine Professional Success. This post includes excerpts from this article, sans … Continue reading What Makes Lawyers Happy? – And How Can You Help?
An article in the New York Times, The Rationality of Rage, summarizes the findings of several studies about when expressing anger can be productive. Despite the catchy title of the article, expressing rage generally isn’t helpful. But expressing anger can be useful in some situations. The article distinguishes three types of negotiations – primarily cooperative … Continue reading Good Anger
My colleague S.I. Strong posted the following announcement: The application process for the US Supreme Court Fellowship is open until Friday, November 6, 2015. The Fellows program is open to both junior and mid-career applicants. An article describing the daily duties of a US Supreme Court Fellow and the application process was recently published in … Continue reading US Supreme Court Fellowship Application Deadline – Nov. 6
Last week’s New York Times had a great article illustrating the reality of how people use data to walk up the ladder of inference to make their argument. In an article about the Iran deal, the writers explained how both Dick Cheney and Hilary Clinton were using different parts of the story–different data–to reach their desired conclusion. To hear Dick … Continue reading The Ladder of Inference Applied to Iran
Professor Deborah Eisenberg, the Director of the Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law, has two new pieces: The first is about using restorative practices at the organizational/employer level for employment discrimination: “The Restorative Workplace: An Organizational Learning Approach to Discrimination.” The link is: http://ssrn.com/abstract=2654196. The second … Continue reading Two new articles
Yesterday the NY Times published an editorial recommending the use of restorative justice as one approach to handling sexual assault and other types of misconduct at universities. See the editorial here. I think there can be great advantages to using restorative justice processes in a variety of settings. My concern is that we have seen … Continue reading Restorative Justice to Handle Sexual Assault Cases at Universities?
From FOI Stacie Strong: As some of you may know, Arbitrator Intelligence (see here) has been shortlisted to the top 60 of over 250 submissions to compete in the global “Innovating Justice Challenge” competition organized by the Hague Institute for the Internationalisation of Law (HiiL). The contest awards various initiatives that promote innovation in the … Continue reading Please Vote! Innovating Justice Challenge
Hi all–just a quick follow up to circle back on my proposal to have my 70 students negotiate the parameters of their ADR class. I posted here on that proposal (and have written here about the idea). So…drumroll please…it was great! They all negotiated and the group reached agreement. Here are the benefits I’ve seen … Continue reading Yes, Make them Negotiate
The following is from Professor Nancy Welsh, a FoI, and the Chair-Elect of the ABA Dispute Resolution Section: Dear Colleagues, I am writing to you on behalf of the ABA Dispute Resolution Section. Long active in supporting initiatives aimed at fostering the growth and quality of conflict resolution programs and education in the U.S., the … Continue reading International Dispute Resolution Resource Center Roster Sign-up
