The NY Times published a little piece about negotiation and the gender wage gap on Friday. You can read it here.

Jeff Kichaven, a thoughtful, experienced, and talented L.A. lawyer and mediator recently posted an article entitled, “The Mediation Advocate’s Bill of Rights” at mediate.com and at law360.com.  Link here. I am not entirely persuaded that this is a bill of rights. I am not entirely persuaded that this is universally applicable to all forms of … Continue reading Kichaven’s “Mediation Advocate’s Bill of Rights” →

This week the Arizona Supreme Court issued an order approving, on an experimental basis, an order allowing second semester law students to take the bar.  The Court’s order came down too late to impact the Feb. 2013 exam, but will be in effect for Feb. 2014 and 2015.  After 2015, the Court will revisit the rule and decide whether … Continue reading Arizona to Allow 2nd Semster 3Ls to Take the February Bar →

The Arizona Bar’s monthly magazine, Arizona Attorney, is a surprisingly good read and every month there’s an article that deserves your full attention.   This month, that article is entitled Broemmer v. Abortion Services of Phoenix, Ltd.: Arizona’s Curious Contribution to the Law of Contractual Arbitration.  The Broemmer case, at 840 P.2d 1013 (1992), is in numerous … Continue reading Quaint Remembrances of Contract Law and Arbitration →

Ever heard of a claque? I am working on a piece examining the relationship between negotiation and propaganda and began looking into viral marketing, buzz marketing, and shills. From this research I have learned the new words “claque” and “claqueurs.” Teachers of negotiation in particular might enjoy this new take on changing the parties and … Continue reading Hard bargaining and claques →

We all know Abraham Lincoln’s famous quote about discouraging litigation.  Here’s another we should tell our students, especially when teaching negotiation ethics: There is a vague popular belief that lawyers are necessarily dishonest. Both quotes can be accessed here. Hat tip PrawfsBlog  

In my previous post on Nitro-Lift, I argued that arbitration agreements involving covenants not to compete could be susceptible to challenge under the Federal Arbitration Act’s savings clause. Because it equates arbitrators with courts sitting in other jurisdictions, that analysis rests on an assumption that arbitrators act as quasi-public dispute resolvers, determining rights and obligations … Continue reading Nitro-Lift Technologies v. Howard: Judicial Review and the Contractarian Model of Arbitration →

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) I need you to judge!  Besides, you might be right now in the midst of grading the next competition winner as … Continue reading Boskey Competition and Request for Judges →

Friend of the blog Kristen Blankley (Nebraska) weighs in on the Supreme Court’s next duel with the Second Circuit over class arbitration: The Supreme Court today granted cert in the Second Circuit case of Oxford Health Plans, LLC v. Sutter, No. 12-135.  The Sutter case is a direct response to the Supreme Court’s 2010 decision … Continue reading Blankley on the Newest Class Arbitration Case to Reach the Supreme Court →