Okay–this is not that intellectual but this was this morning’s quote to greet me when picking up my (mandatory) morning coffee. [Click on the full post to see the picture] Caffeine and inspiration all at the same time! Happy Summer to all.
Our good friend Jean Sternlight (UNLV) sends along her opinions on Sharif, one of last week’s Supreme Court cases and how it impacts the Federal Arbitration Act. The Supreme Court’s most recent Article III decision, Wellness Int’l v. Sharif (2015), raises substantial questions as to the constitutional legitimacy of the Federal Arbitration Act, 9 U.S.C. … Continue reading Sternlight – Asking Tough Questions About Mandatory Arbitration and Article III
Three days ago, the Nevada Supreme Court released an opinion in the case of Weddell v. Sharp et al. (Here). Although it has facts that would make ADR & Civ Pro professors fairly swoon, the opinion itself is maddening. Both the majority and the dissent. Sigh. Based on reading the opinion, I understand the basic … Continue reading A Maddening Nevada Supreme Court Case
This dispatch comes from FOI Alyson Carrel (Northwestern). Last week, Robert DeNiro spoke at the NYU Tisch School of Arts graduation ceremony. After congratulating the students on their success, he paused, then added, “ “and, you’re f***ed.” Everyone laughed because they understood the uncertainty these students face. Unlike their peers in accounting, law or medicine who … Continue reading Carrel on Dreams of an ADR Career
As the summer begins and a lot of us are planning our research and writing, please keep in mind that the 9th Annual AALS Alternative Dispute Resolution Section’s Works-in-Progress Conference will be on October 23 & 34, 2015, at the Texas A&M University School of Law in Fort Worth, Texas. As many of the readers … Continue reading Save the date: AALS ADR Works in Progress in October
A short piece in the New York Times by Harvard economists and Yale psychologists has a suggestion that may surprise you – or maybe not – about people’s motivation to cooperate. The authors focus on the “tragedy of the commons” which is the situation “where individuals acting independently and rationally according to each’s self-interest behave … Continue reading Why Cooperate?
Harvard’s Project on the Foundations of Private Law has started an interesting blog entitled New Private Law.* As one of its introductory posts, the blog posted a list of the most cited private law articles in the last 25 years. Scrolling through the list you’ll see that Russell Korobkin (UCLA) has two pieces in the … Continue reading Korobkin – 2 Pieces among the top 50 most cited private law articles
As we wait to hear whether the ABA will adopt the proposed change to Standard 304(b), below is the Section’s letter to the Section on Legal Education and Bar Admission in support of the proposed rule. For those who don’t know the details, the short version is this. Last summer the ABA extensively revised the … Continue reading ABA DR Section’s Letter Supporting Proposed Changes to Standard 304(b)
If you are sick and tired of hearing me sing the praises of multi-stage simulations (MSS) and don’t want to see any data about it, read no further. Some Background Before I start singing, let me provide some background. I started using MSSs when I began teaching negotiation several years ago. Related to my research … Continue reading Great Value of Students Playing Clients in Multi-Stage Simulations
From Inside Higher Ed, the story here of UT Austin’s new president negotiating for less compensation than he was offered. After being offered $1M plus perks for the post, “Fenves negotiated the offer down to $750,000 a year, plus $50,000 in deferred pay. He also asked for a smaller potential bonus, down from 12 percent … Continue reading Negotiating for less
