The question at issue in Preston v. Ferrer, 552 U.S. ___ (February 20, 2008), was whether the Federal Arbitration Act (FAA) preempts state statutes that create primary jurisdiction in a state administrative agency for a dispute arising among parties who have a private arbitration agreement. The Court held, in an unsurprising 8-1 decision, that the … Continue reading Supreme Court Decision in Preston Today!
The U.S. Supreme Court just granted certiorari in a third arbitration case for this term!! 14 Penn Plaza v. Pyett, — S.Ct. —-, 2008 WL 423540 (U.S.), 76 USLW 3255 (February 19, 2008). The Pyett case will address whether a union-negotiated waiver of employees’ rights to proceed in a judicial forum for federal statutory causes … Continue reading Supreme Court hears third arbitration case this term: 14 Penn Plaza v. Pyett
David White and Woody Mosten are soliciting nominations for the 2008 ABA Lawyer as Problem Solver Award and the Lawyer as Problem Solver Exercises. Each year, the Lawyer as Problem Solver Committee seeks to identify those colleagues who have distinguished themselves through a commitment to creative advocacy. Such individuals are a force for positive change through their dynamic representation of … Continue reading ABA Lawyer as Problem Solver Award Call for Nominations
Professors Theodore Eisenberg, Geoffrey Miller and Emily Sherwin investigated a number of Fortune 100 firms’ use of mandatory arbitration clauses. See Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts (draft December 18, 2007). Their empirical analysis revealed that companies frequently use arbitration clauses in consumer contracts but do not … Continue reading Empirical Arbitration Analysis Reveals Companies Prefer Litigation
I was catching up on my taped Colbert Report shows over the weekend and saw a brilliant interview with Ambassador Andrew Young from earlier in January. It turns out that Andrew Young negotiated with Stephen Colbert’s father to settle a strike in South Carolina over 40 years ago. Black nurses at one of South Carolina’s … Continue reading Stephen Colbert, Ambassador Andrew Young, and How to Negotiate the End of the WGA Strike
Well, I have finally recovered from the odyssey that it took to get home from New York two weeks ago and I thought it might be fun to start a conversation about what types of negotiation strategies and techniques work when your airport closes down. First, let me briefly encapsulate our trip. Seven professors on … Continue reading Negotiating Plane Rides (and getting home from AALS)
A terrific symposium will occur tomorrow at the Moritz College of Law. You can watch a live webcast of the symposium at http://moritzlaw.osu.edu/jdr/symposium.html. Speakers include Cathy Costantino, Judge Wayne Brazil, Lisa Bingham, David Lipsky, Dale Hetzler, John Lande and Francis McGovern. The Second Generation of Dispute System Design: Reoccurring Problems and Potential Solutions January 24, … Continue reading Ohio State Journal on Dispute Resolution Symposium on Dispute Systems Design Tomorrow
With the two new Supreme Court decisions handed down at the beginning of last week regarding judicial discretion in federal sentencing and the federal sentencing commission allowing retroactivity on some of the sentences regarding crack cocaine, it appears that the pendulum may start swinging back in favor of allowing more judicial control over sentencing. Until … Continue reading Plea Bargaining in the Shadow of the Law Revisited
Sheldon Larky, a full-time family law mediator from Michigan, visited the Moritz College of Law to speak to our students about mediation advocacy and negotiation tactics. Sheldon was a delightful speaker who offered some interesting insights. Chief among those were that one should never negotiate at one’s own office. If a lawyer chooses to negotiate … Continue reading Negotiation Techniques
As the Dispute Resolution Works in Progress Conference wrapped up Saturday, October 20, one of the attendees commented with great feeling on how truly special the opportunity to meet and exchange ideas had been. She and another colleague were seated at the end of a table, taking advantage of later flights to work together on … Continue reading Works in Progress Conference Wrap Up
