Courtesy of Tim Hedeen, we have a suggested new mediator orientation posted on the Georgia ADR Blog. This mediator, shall we say, is a little more domineering. I would take this suggestion with a bit of advance April Fool’s Day humor but I am sure that Tim would be happy to explain it in person next … Continue reading Mediatrix?
In 5-4 decisions, the U.S. Supreme Court today decided there is a right to effective assistance of counseling in plea bargaining in the cases of Lafler v. Cooper and Missouri v. Frye. In Lafler, the defendant rejected the plea offer due to bad advice by his lawyer, who told the defendant that he could not … Continue reading Yes, there is a right to effective assistance of counsel in plea bargaining
As the annual ABA DR Section Conference quickly approaches, I want to encourage everyone to attend the Legal Educators’ Colloquium on Saturday April 21st. The LEC always promises great programming and this year’s schedule is fantastic. And I don’t say that simply because 6 of the 8 contributors to this blog will be presenting. More … Continue reading ABA DR Section Conference – Legal Educators’ Colloquium
Love ’em or hate ’em, the US News rankings are out. As is well documented, the overall rankings are subject to lots of criticism, and rightfully so. The specialty rankings are purely peer assessment rankings, which makes them more legit, although I’m sure we can quibble about them too if we want to. That said, … Continue reading US News ADR Rankings
As expected, the NLRB’s decision in D.A. Horton limiting arbitral class waivers in employment agreements has been appealed to the Fifth Circuit. As I suggested in this post, the case pits the Supreme Court’s interpretation of the FAA against the NLRB’s interpretation of “concerted action” in the labor laws, raising questions about Supreme Court deference … Continue reading NLRB Decision Limiting Class Waivers Appealed
Reprinted from the ADR listserv: I would like to put together a list of junior ADR scholars (junior = seven or fewer years of teaching and not yet tenured) for purposes of networking, paper trading, knowledge sharing, commiserating, etc. Please write me back if: You are a junior ADR scholar. 🙂 You know a junior … Continue reading List of Junior ADR Scholars
Last week (or so) Melissa Nelken at UC Hastings announced that Grande Lum has been nominated to a post at the Department of Justice and has resigned as CNDR’s Director. Excerpts from the job posting are below. And just in case you weren’t sure, this is a great gig. Under the administrative direction of the … Continue reading Director, Center for Negotiation and Dispute Resolution – UC Hastings
From our friends at the HLS Program on Negotiation: As noted in an earlier post, Michael Young will be speaking at Ohio State University Moritz College of Law on March 7. The evening before, Mr. Young will give a public lecture at the Harvard Law School. If you are in Boston, please join us! “The … Continue reading Michael Young at Harvard Law, March 6
The Delaware Chancery Court arbitration scheme is on one side of a gold coin, with the “federal policy favoring arbitration” on the other. The story starts with the slow strangulation of the judiciary caused by Congress’s failure over the last forty years to add enough judges to keep up with the draconian penal laws that … Continue reading The Commodification of Legal Decisionmaking
Sports fans will be aware of the controversy over National League MVP Ryan Braun’s positive test for anabolic steroids. Braun tested positive for very high levels of testosterone last fall and was suspended by Major League Baseball for 50 games under baseball’s drug testing policy. He filed a grievance through the baseball players’ union, and … Continue reading The Ryan Braun Arbitration
