Last week Amy Schmitz (Missouri) sent out a message on this topic on the list serv and I asked if she could morph it into a blog post, which she has kindly done. On October 28, the Department of Education issued final regulations intended to protect student loan borrowers against school closures and fraud.  To … Continue reading Schmitz on Student Loans, Arbitration, and Class Waivers →

The law school formerly known as the South Texas School of Law changed its name over the summer to the Houston College of Law and was promptly sued by the University of Houston for trademark infringement.  The University of Houston won a preliminary restraining order, and the Houston College of Law agreed to give up … Continue reading the School with no name, is now named; it’s a lot like the old name →

In the category of “did we really need to litigate this all the way to an appellate court,” last Friday the Ninth Circuit vacated a FINRA arbitration award where the parties learned four years after the hearing that the Chairperson of the panel was impersonating a lawyer.   In Move Inc. v. Citigroup Global Markets, Inc., … Continue reading Ninth Circuit Disapproves of Imposter Arbitrators →

Jonathan Cohen (Florida) has published “A Genesis of Conflict: The Zero-Sum Mindset” in the Cardozo Journal of Conflict Resolution, available here. The abstract: Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the “zero-sum mindset,” can lead to undesirable results, both … Continue reading Cohen on Genesis and Conflict →

Tim Hedeen (Kennesaw State) has co-published (with Heather Pincock) “Where the Rubber Meets the Clouds: Anticipated Developments in Conflict and Conflict Resolution Theory” in the Ohio State Journal of Dispute Resolution. From the Introduction: The study of conflict transcends disciplinary boundaries and nearly defies categorization. Theories abound to explain the sources or conditions that give … Continue reading Hedeen on the Future of Conflict Theory →

Kristen Blankley (Nebraska) recently published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses” in the Creighton Law Review, available here. The abstract: The audience for the topic of dispute resolution usually consists of neutrals and litigation professionals. This Article, by contrast, is written for the transactional attorney. Transactional attorneys have an important role in … Continue reading Blankley on Pre-Dispute Resolution Clauses →

As you may or may not know, the University of Houston School of Law sued the Houston College of Law, which changed its name from the South Texas School of Law over the summer, for trademark infringement.  The Houston College of Law lost a TRO hearing on the matter, and has agreed to change it’s … Continue reading The Law School with No Name – for this week, at least →

Stacie Strong (Missouri) has several recently published articles and several forthcoming articles. Here is the list: Arbitration of Trust Disputes: Issues in National and International Law (Oxford University Press, 2016). The book itself is available here and the opening chapter is here. “The Reasons Behind Reasoned Arbitration Awards,” 34 Alternatives to the High Cost of … Continue reading Strong on Arbitration and Other Topics →