Category Archives: General

Restorative Justice in the Chronicle of Higher Education

The Chronicle today ran an article about restorative justice programs on campuses.  I paste much of the text of it below.  I wonder whether many state Bars have refined their fitness questions and standards to reflect changes in the ways that campuses deal with offenses.  Perhaps a good research paper for a law student?… Michael … Continue reading Restorative Justice in the Chronicle of Higher Education

Birth of a New ADR Organization

  In 2006 American Board of Neutrals Association (ABNA) incorporated and started accepting applications for membership this January.  The organization is geared towards those who have graduate degrees – masters, doctoral, LLM – in the field of Negotiations and Conflict/Alternative Dispute Resolution/Peace Studies.  The ABNA’s web site indicates that it is quite an ambitious organization.  … Continue reading Birth of a New ADR Organization

Discover Bank v. Vaden Decided Today

Today, the Supreme Court held in Discover Bank v. Vaden, http://www.supremecourtus.gov/opinions/08pdf/07-773.pdf, that a district court should “look through” a petition to compel arbitration to determine whether the case is predicated on a controversy that “arises under” federal law. Jurisdiction cannot be established, however, by a counterclaim if the whole complaint does not “qualify for federal … Continue reading Discover Bank v. Vaden Decided Today

Nebraska’s Highest Court Reverses Arbitration Award on Public Policy Grounds

On February 27, 2009, the Nebraska Supreme Court rejected an arbitration award reinstating a state trooper who was fired for belonging to a group affiliated with the Ku Klux Klan. The court held that the arbitrator’s award should not be enforced because it violates the state’s public policy against race discrimination. (Nebraska State Patrol v. … Continue reading Nebraska’s Highest Court Reverses Arbitration Award on Public Policy Grounds