Paula Young has undertaken an admirable (and time-sensitive) research project. She wrote the following in an email to the AALS list, and I’m sure she’d welcome input from folks across the country: I am trying to learn which states test any ADR topics on the bar exam, especially arbitration. I know that Alabama, Virginia, and … Continue reading ADR on the Bar Exam
I just received this notice from the ABA and thought that they are offering a great service so I wanted to pass this along. The ABA Section of Dispute Resolution Ethics Committee has created a national clearinghouse for mediator ethics opinions and decisions. The clearinghouse provides a searchable database with hundreds of opinions on mediator … Continue reading Mediator Ethics Opinions
Yesterday Dwight Golann sent out an email encouraging attendance at the Law Professors’ Forum: Mediation Shop Talk, which will be taking place at the ABA Dispute Resolution Section conference in New York City. In case you didn’t get his message, here it is. Dear colleagues, Here is the latest on the Law Professors’ Teaching Forum: Mediation Shop … Continue reading Calling all Mediation Profs
See http://www.competitionnotconflict.com/. Unless you’re Andrea.
A federal district court in New Jersey held that a class action arbitration waiver contained in an arbitration agreement between a consumer and a business is enforceable even though the state court had held that such waivers are unconscionable. Litman v. Cellco Partnership, No. 07-CV-4886 (2008). See http://www.wileyrein.com/docs/docs/215.pdf The federal court found that the Federal … Continue reading Class Action Arbitration Waiver in Consumer Contract Enforceable
At AALS in early January, a number of us were on a panel musing about the future of dispute resolution writ large and then the impact that technology and other changes were going to have on legal education. This is John’s follow-up to that panel and I invite you to use the comments to expand … Continue reading The Future of DR Legal Education from John Lande
The Chrnonicle of Higher Education ran an article by this title today. In it, they talk about the trend in some law schools toward having specializations within the JD program and with joint-degree programs. Predictably, some think it’s a great idea (showing off the strengths of the school, tailoring to the needs of the students, … Continue reading Law Schools Customize Degrees to Students’ Taste…
I just finished grading my Civil Procedure exams for this semester. I was sorely tempted to give my students the facts of Mutual of Enumclaw v. Cornhusker Casualty Insurance Co, 2008 WL 4330313 (E.D.Wash. 2008) as the basis for my exam. The question demanded an understanding that was just a little too much for me … Continue reading The Erie Doctrine Meets the Uniform Mediation Act
American Caribbean Law Initiative (ACLI) Conference Call for Papers – Dispute resolution and restorative justice Port of Spain, Trinidad Tobago July 10-12, 2009 Deadline for Panel Proposals: February 1, 2009 Deadline for Paper Abstracts: February 15, 2009 The American Caribbean Law Initiative (ACLI) is requesting paper abstracts and panel proposals for its Summer 2009 … Continue reading Call for Papers in Dispute Resolution–Somewhere Warm Too!
Berkeley researchers have found new tests that can better predict success in the practice of law than the LSAT. Not suprisingly to those of us in the dispute resolution field, the skills missed by the LSAT but needed for successful practice include creativity, negotiation, and problem-solving. Berkeley law professor Marjorie Shultz and Berkeley psychology professor Sheldon … Continue reading Negotiation Skills on the LSAT?
