Category Archives: Public Policy

Occupy Arbitration? Judicial Nonviolent Resistance

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Over the past 18 months, the Supreme Court has become increasingly brazen in using the Federal Arbitration Act to cut off procedural rights–and in the process substantive rights–established by Congress and state legislatures. Through its decisions in Rent-a-Center, Stolt-Nielsen, and Concepcion, the Court has handed the Chamber of Commerce a simple recipe for relieving itself of many of … Continue reading Occupy Arbitration? Judicial Nonviolent Resistance →

Bobbi McAdoo/Sharon Press (Hamline) – Problem-Solving in the 1st Year Curriculum

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At Hamline Bobbi and Sharon (and others) have developed a new 1st year course called Practice, Problem-Solving and Professionalism and their paper describes their experiences teaching the first iteration of the course last year.  In gathering information, they found that thinking about this as outside of “ADR.”   Thus there should be something that all students … Continue reading Bobbi McAdoo/Sharon Press (Hamline) – Problem-Solving in the 1st Year Curriculum →

Jennifer Brown (Quinnipiac) – Practicing Empathy in Values-Based Negotiation Role Plays

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Jennifer’s work on empathy is fantastic and she continues that line of schlolarship w/  the piece.  Essentially she says that when addressing value-based problems, empathy is critical.  The paper discusses how to teach empathy (yes, it can be done).  Jen in conjunction with Larry Susskind have developed roleplays doing this (available at the Harvard PON) … Continue reading Jennifer Brown (Quinnipiac) – Practicing Empathy in Values-Based Negotiation Role Plays →

SEC Commissioner Walter on Mandatory Arbitration

Courtesy of the Securities Law Prof Blog, read here SEC Commissioner’s Elisse B. Walter’s comments on mandatory securities arbitration at the annual NASAA Conference.  The SEC has implied for some time now that it will review securities arbitration, but other Dodd-Frank rule-making mandates have taken up all of its time.  It will be interesting to … Continue reading SEC Commissioner Walter on Mandatory Arbitration →

Party Autonomy in Choosing Dispute Resolution Processes

FOI (Friend of Indisputably) John Lande (Missouri) provides this guest blog post to shed light on some recent Collaborative Law Developments. There were two recent decisions involving Collaborative Law that have larger implications about parties’ autonomy in choosing dispute resolution processes generally. In my view, this is a good news-bad news story as one of the decisions recognized parties’ … Continue reading Party Autonomy in Choosing Dispute Resolution Processes →

Rationalizing Costs in Investment Treaty Arbitration

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Susan Franck (Washington & Lee, currently visiting at Vanderbilt) recently posted her latest paper, Rationalizing Costs in Investment Treaty Arbitration, on SSRN.  The piece continues her empirical work in an important area of international finance, this time focusing on the hot button issue of costs.  Noting that several countries have left the investment treaty arbitration world … Continue reading Rationalizing Costs in Investment Treaty Arbitration →