CALL FOR PAPERS ADR and the Regulatory State Sponsored by the AALS Section on Alternative Dispute Resolution 2014 AALS Annual Meeting • January 2-5, 2014 • New York City Private dispute resolution and agency decision-making are now prominent and permanent features of our legal landscape, either as substitutes for or alternatives to formal adjudication. In … Continue reading AALS ADR Section Call for Papers
Today, the Supreme Court in Oxford Health Plans v. Sutter, http://www.scotusblog.com/case-files/cases/oxford-health-plans-llc-v-sutter/, affirmed its commitment to narrow judicial review of arbitration decisions. In Sutter, the arbitrator interpreted an arbitration agreement to permit class arbitration. Because the parties asked the arbitrator to interpret the agreement, the only question for a court, according to the Supreme Court, is … Continue reading Supreme Court Affirms Commitment to Narrow Judicial Review of Arbitration Awards in Sutter Decision
At the Law&Society annual conference this past weekend, I had the pleasure of sitting on a panel with Nancy Welsh (Penn State), Cynthia Alkon (Texas Wesleyan), Danya Reda (NYU), Amy Cohen (Ohio State), and Hiro Aragaki (Loyola LA) — along with honorary panelists and commenters extraordinaire Art Hinshaw (ASU) and Kelly Browe Olson (Arkansas). The … Continue reading The virtue of proximity?
Despite increasing pressure on the SEC to exercise its Dodd-Frank-granted explicit authority to ban mandatory securities arbitration, SEC Commissioner Elisse Walter stated earlier this week, according to a report in Reuters, that the Commission won’t have time to address the issue until 2014, in light of the other mandates of Dodd-Frank. It’s a shame that the … Continue reading SEC Won’t Have Time to Tackle Issue of Mandatory Securities Arbitration
From Jean Sternlight via the list serv. ————————- University of Nevada Las Vegas William S. Boyd School of Law Saltman Center for Conflict Resolution Psychology and Lawyering: Coalescing the Field Friday, Feb. 21 and Saturday, Feb. 22, 2014 UNLV William S. Boyd School of Law Las Vegas, Nevada In recent years both academics and practitioners … Continue reading Call for Papers – Psychology and Lawyering: Coalescing the Field
OJ Simpson will be back in court this week in Las Vegas bringing an appeal from his 2008 armed robbery and kidnapping conviction in 2008. He has apparently filed, through his new lawyer, a 94-page petition for a new trial—which reportedly includes 19 specific issues that the court has agreed to hear “mostly claiming that … Continue reading Was OJ Simpson’s Lawyer Ineffective?
Dear all, as I just sent out to our listserve as well, it is time to remind you of the Boskey Competition for two reasons–(a) I need your students to submit essays; and (b) you might be right now in the midst of grading the next competition winner as we speak. This competition offers your students … Continue reading Boskey Competition Reminder–June 14th Deadline
Article from this morning’s online Chronicle of Higher Education here. MM — By Ann Schnoebelen After two shootings on its campus last semester, Morgan State University is taking some of the same security measures increasingly common elsewhere: more officers, a tighter campus perimeter, town-hall meetings to discuss public safety. But the small, historically black college … Continue reading After Shootings, Morgan State U. Will Train Students in Conflict Resolution
Yesterday I blogged about stepped-up political pressures on the Securities and Exchange Commission to outlaw mandatory arbitration agreements in customers’ account agreements with their brokerage firms. The pressures are not coming just from politicians. Last week, a Tennessee appellate court refused to enforce a pre-dispute arbitration clause in a brokerage firms’ account agreement with a customer … Continue reading Tennessee court invalidates brokerage firm’s arbitration clause as unconscionable
In the wake of a FINRA disciplinary hearing panel decision not to enforce its own rules against broker-dealer Charles Schwab barring class action waivers in customer-broker account agreements because of the Federal Arbitration Act (see my previous blog posts about that decision here and here), investor rights advocates have stepped up their efforts to press the Securities … Continue reading Added Pressure on SEC to Eliminate Mandatory Securities Arbitration
