On Wednesday, Feb. 22, Penn State Law will host a symposium entitled “U.S. Arbitration Law in the wake of AT&T Mobility v. Concepcion.” Here is the announcement: The 2011 Supreme Court decision in AT&T Mobility v. Concepcion last year has potentially changed the legal landscape in a number of areas including class actions and arbitration … Continue reading Penn State Law Symposium on AT&T Mobility
My Negotiation Workshop colleague, Joanne Lipo Zovic, is the alumni blogger of the month for Marquette and posted her non-scientific survey on lawyering skills. Her findings support much of what we teach in dispute resolution and I particularly liked the wordle she created from the results. As she writes: I got 38 responses back (thanks to all of … Continue reading Lawyering Skills
At last spring’s ABA Legal Educators’ Colloquium, I led a panel with Nancy Welsh and Jennifer Brown on teaching distributive negotiation. The papers that developed out of that panel, along with an additional piece by Michael Wheeler, have now been published in the new issue of the Negotiation Journal. Mike leads off by making the case … Continue reading Wheeler, Brown, Kirgis, and Welsh on Negotiation Pedagogy
The National Law Journal ran a story recently describing the recent appeal of the $3.4B settlement of the contested Native American trust litigation. (Story here.) I have not been following the details of this case closely enough to hold any opinion about the merits of this appeal. But given the magnitude of the settlement and … Continue reading $3.4B Class Action Settlement (and the contest thereof)
As the LEAPS Panels and website are now in place, I thought it might be interesting to share this experience. Yesterday I had the pleasure of joining a colleague of mine in his first year property class. He was using, for the first time, a commercial lease negotiation exercise in his class. This particular colleague … Continue reading Such a Joy!
This morning I found a new law review article waiting for me in my office—hand delivered by the author, and my dear colleague, Michael Z. Green. The article is: Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration, 87 Ind. L.J. 367 (2012). The abstract is: Despite a longstanding strategy employed by labor … Continue reading Hot off the Press
Jean Sternlight and one of my students sent me this link from Sesame Street in which Justice Sotomayor engages in some “dispute resolution”. Seems more like evaluative mediation to me. Very amusing! Goldilocks Avoids Criminal Sanction When Sotomayor Judges Dispute on Sesame Street http://www.abajournal.com/news/article/goldilocks_avoids_criminal_sanction_when_sotomayor_judges_dispute_on_sesame/
A federal judge in Manhattan has denied summary judgment in an antitrust suit against Citigroup and Discover Bank alleging that they conspired with other banks to add arbitration clauses to their credit card agreements in order to curb class actions. The case alleges that the banks formed an “Arbitration Coalition” that met multiple times between … Continue reading Credit Card Arbitration Antitrust Suit Goes Forward
The Langdon Fellow Program at Ohio State is just great, and I’m pleased to share that they are seeking applications for a new fellow. A recent email from Sarah Cole announcing the position is pasted below. MM —– Job Description: Langdon Fellowship in Dispute Resolution at the Ohio State University Moritz College of Law … Continue reading Langdon Fellow at Ohio State
As you may know, a task force of the ABA Section of Dispute Resolution’s Law Schools Committee has been working on the Legal Education, ADR, and Problem Solving (LEAPS) Project for almost two years. (I am a member of that Task Force and on the Executive Committee.) Our goal has been to increase the instruction … Continue reading LEAPSing at your Law School
