Our media files, including pictures and webcasts of the presentations, is now available. Click here for access to the pictures, videotapes, and podcasts. The written products of the conference will be in the fall issue of the Marquette Law Review.
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
Last week, I taught about successive conflicts in my ethics class and there could be no better timing than the Fish & Richardson case to explain the hot potato scenario. The “hot potato doctrine” means that firms are generally prohibited from dropping smaller clients (like hot potatoes) in order to pick up more lucrative clients. … Continue reading Hot Potato Conflicts
Even Civil Procedure professors are now having fun with the “What did Hall Street mean” game, and the Fifth Circuit’s decision earlier this month in Citigroup v Bacon, (5th Cir. March 5, 2009), is the latest fodder for discussion. Beth Thornburg, of SMU Law School, and William Slomanson, of Thomas Jefferson Law School, recently posted … Continue reading Hall Street and Manifest Disregard
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
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
Fordham Law School is hosting a day-long symposium on April 3, 2009, marking the 25th anniversary of “Against Settlement.” The link to the program is: http://law.fordham.edu/ihtml/page3.ihtml?imac=1168&calID=9590 Michael Moffitt
Dear all, I am delighted to be hosting a great interdisciplinary conference next month on how conflict can be affected by the media–good, bad or otherwise. I’ve embedded the evite here so that you can click to see the program. Feel free to forward or share with anyone who might be interested. We would be … Continue reading International Media & Conflict Conference
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
