The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The … Continue reading Denial of Certiorari in Delaware Chancery Arbitration Case
I went to Northern Ireland over spring break to see more about the conflict that we all study (yes, a totally geeky professor thing to do) and it was fascinating. This blog will mostly be pictures to give you a sense of the different neighborhoods around Belfast but let me start by saying that it is amazing. … Continue reading Happy Belated St. Patricks Day!
Last week the NY Times published an interesting piece: The Science of Older and Wiser. Just one snippet that I liked (from many): “True personal wisdom involves five elements… They are self-insight; the ability to demonstrate personal growth; self-awareness in terms of your historical era and your family history; understanding that priorities and values, including … Continue reading The Science of Wisdom
Lydia Nussbaum (UNLV) sends this report from Ken Cloke’s recent visit to UNLV’s Saltman Center. ————————— The Saltman Center for Conflict Resolution and the UNLV Boyd School of Law had the pleasure of hosting Ken Cloke on March 3. He spoke to an audience of more than 80 people that included students, faculty, attorneys, and … Continue reading Nussbaum – Lessons on Language: Ken Cloke’s Dance of Opposites
Article posted this morning and available here. First three paragraphs below. As an aside, the environmental attorney cited in the article is an Oregon Law alum. The more important questions this article raises relate to the availability of attorney fees in a wide range of contexts in which fee-shifting is an important settlement dynamic. MM … Continue reading National Law Journal on “Sue and Settle” Cases
From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class and collective action waivers in an employer’s mandatory arbitration policy interfered with employee rights under … Continue reading NLRB files petition for rehearing in D.R. Horton (class arbitration) case
The 2014 Schwartz Lecture on Dispute Resolution will be given by The Ohio State University Moritz College of Law’s own Nancy Hardin Rogers. She will be presenting on her current project looking at the role of institutions and dispute resolution providers in reducing polarization in public conflicts. Public institutions fund interventions by dispute resolution practitioners … Continue reading Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25
Every year the USNews rankings come out and we love them or hate them depending on whether they favor us or not. And at least with the USNews specialty rankings, we know they are peer reviewed, so they are more telling than the overall law school rankings. So – without any further ado, here are … Continue reading USNews Dispute Resolution Rankings
John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just two round holes – adversarial or cooperative bargaining. In the real world, negotiation comes in … Continue reading Lande on Advancing Negotiation Theory
The NYT reports today on “the Matthew process,” a form of Biblical dispute resolution based on a passage from the Gospel of Matthew in which Jesus says that disputants should attempt to resolve their dispute privately, and if that doesn’t work to bring “one or two others” into the process. The particular dispute covered in … Continue reading Non-binding Christian mediation
