There have been many conversations of late about the future of our field, including about how to diversify our constituents and help new practitioners transition into an ADR career. I am excited to be participating in a program on this subject tomorrow, Feb. 2, 2022, at 1 p.m. ET. For those interested, a description of … Continue reading ABA Program on Developing ADR Practitioners and Leaders
Amy Cohen (Temple/UNSW) is publishing “The Rise and Fall and Rise Again of Informal Justice and the Death of ADR” in the Connecticut Law Review, available on SSRN. The abstract: Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient … Continue reading Cohen on the Death of ADR
From our wonderful FOI Brian Farkas (Cardozo): U.S. Supreme Court appointments are back in the headlines, making this a perfect week for the Cardozo Law Review to publish its special Appointments Issue on the transition from Justice Ruth Bader Ginsburg to Justice Amy Coney Barrett. The full issue is available here. Articles include perspectives on … Continue reading Farkas on the Transition from Ginsburg to Barrett
This post is prompted by an article by Washington Post columnist Paul Waldman, We’re Still Asking the Wrong Question about Biden and Ukraine. He writes: For once, can we confront a foreign policy challenge without obsession over whether the president is being “weak” or “strong”? … In any foreign policy challenge, understanding what goes into … Continue reading Which is Better: To Be Strong or Smart?
This post provides excerpts from an op-ed by Neal Katyal, one of Supreme Court Justice Stephen Breyer’s former clerks. Mr. Katyal describes Justice Breyer’s humility, recognition of his own biases, and openness to considering others’ points of view. There was, in short, a constitutional humility about Breyer. He didn’t pretend to know the answer to every … Continue reading Humble Listening on the Bench
Formally, the Cold War began in 1945 and ended in 1991 with the dissolution of the Soviet Union. In fact, its roots began long before 1945 and its effects still reverberate today. Newspaper headlines illustrate how the Cold War is becoming more overt as Russia threatens Ukraine and other neighboring countries, and China threatens Taiwan … Continue reading The Continuing Cold War
On January 19, the Supreme Court rejected former President Trump’s request to block release of some of his White House records to the Congressional January 6 Committee. In an 8-1 decision, the Supreme Court upheld the Court of Appeals’s decision authorizing release of the documents. The Court of Appeals ruled that the right to waive … Continue reading Justice Kavanaugh’s Good Analysis of Confidentiality
Michigan Business School Emeritus Professor George Siedel recently published a book you might want to read – Seven Essentials for Business Success: Lessons from Legendary Professors. Although it focuses on teaching in business schools, it provides insights relevant to pedagogy in higher education more generally. The book takes readers into the classrooms of award-winning professors … Continue reading George Siedel’s Book on Pedagogy
Ron Aronovsky (Southwestern) has just published “Starting Over: Letting States Regulate Adhesion Arbitration Agreements” in the Syracuse Law Review. The abstract: The explosive growth of adhesion arbitration—mandatory arbitration clauses in adhesion contracts—throughout today’s economy compromises access to justice for millions of Americans. This widespread use of adhesion arbitration stems from a series of U.S. Supreme … Continue reading Aronovsky on Adhesion Arbitration
“The central question we face today is: Who decides?” So began the majority opinion in the Supreme Court’s recent decision to block implementation of OSHA’s covid regulation. Although the dissent vigorously disagrees with the majority’s decision, it agrees about what is the central issue in the case: “Underlying everything else in this dispute is a … Continue reading Who Decides
