Last Friday, Rep. Keith Ellison (D-Minn) introduced the “Investor Choice Act” into the House of Representatives, a bill that proposes to ban broker-dealers, investment advisers, funding portals and municipal securities dealers from including mandatory arbitration clauses in their customer and client agreements. While Dodd-Frank explicitly authorized the Securities and Exchange Commission to ban such arbitration … Continue reading Bill Banning Predispute Arbitration Clauses in Broker-Dealers’ Customer Agreements Introduced into Congress →

I hope the fact that I have now seen a second story about high schools using mediation and reducing violence and suspensions means that there is a serious trend in the United States and that we are changing how we treat high school students, particularly in poorer neighborhoods. This story from the Atlantic describes changes … Continue reading Another Good Story from High School →

An interesting interview with Justice Kagan giving her perspective on collegiality on a contentious Court: here. The first ten minutes or so are Kagan’s views on how the Justices get along with each other.  The rest of the interview is about some of the cases heard this term.

Just to close the loop on an earlier post re: the ADR amicus brief: it has been filed, and you can check out the final copy here. Many people helped with this brief, but I want to make special mention of Liz Tippett, our wonderful new ADR professor at Oregon — on top of her … Continue reading Update on amicus brief (and a special announcement) →

In the wake of George Zimmerman’s acquittal, I wonder why this case has not gotten any serious attention. The defendant, Marissa Alexander, was convicted of aggravated assault with a deadly weapon when she fired a warning shot towards the ceiling at her estranged husband, who she had a restraining order against.  Ms. Alexander claimed that she … Continue reading One Case We Should be Talking About →

Over at health law prof blog, Katharine Van Tassel reports about a cert petition filed at the Supreme Court. I hope the Court takes the case! See http://lawprofessors.typepad.com/healthlawprof_blog/ (July 7th post) “In early 2013, a nursing home operator filed a writ of certiorari asking the U.S. Supreme Court to determine whether state courts can refuse … Continue reading Is wrongful death lawsuit subject to arbitration? →

Susan Yates of RSI and Professor Anita Maddali from Northern Illinois University have a three-year grant from the Illinois Attorney General’s Office o do foreclosure mediation work.  (Good work guys!) And, as part of the grant, NIU is looking to hire a visiting assistant clinical professor to start a foreclosure clinic at the law school.  Below is the official posting: … Continue reading Job Posting–Northern Illinois Clinical Professor →

This Spring’s Dispute Resolution Magazine is filled with great articles exploring whether and how we should regulate ADR. Among these articles is a piece by Nancy Welsh (Penn St.) and David Lipsky (Cornell) called, “‘Moving the Ball Forward’ in Consumer and Employment Dispute Resolution: What Can Planning, Talking, Listening and Breaking Bread Together Accomplish?” I … Continue reading From the Spring 2013 DR Magazine: Welsh and Lipsky →

It seems so early for this announcement, but it is upon us.  The ABA Section on Dispute Resolution is seeking proposals for the 2014 conference in Miami.  The call is below and the conference proposal web page can be accessed here. ——————————————- The ABA Section of Dispute Resolution Spring Conference Planning Committee is now accepting proposals for … Continue reading Request for Proposals for the ABA DR Section Spring Conference →

From FOI Kristen Blankley: I would like to invite all ADR scholars to review and sign an amicus curiae brief in the important arbitration case of Bakoss v. Lloyd’s of London. This case is currently before the Supreme Court on a petition for certiorari. The case deals with the definition of “arbitration” under the Federal … Continue reading Consider signing an ADR amicus brief! →