Kudos to Cynthia Alkon (Texas A&M) for taking over as Chair of the AALS ADR Section, and for organizing a wonderful program at the AALS Annual Meeting on problem-solving courts. Cynthia moderated the star-studded panel (star-studded at least in the problem-solving court arena) through a lively 3-hour discussion of the origins, theory and current controversies … Continue reading AALS ADR Section Program on Problem-Solving Courts
On Monday, in The Fredericksburg Care Co., L.P. v. Perez, et al., 2016 WL 100844, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing … Continue reading SCOTUS denies cert in nursing home arbitration case
Our own Jill Gross was elected the Chair-Elect of the American Association of Law Schools ADR Section over the weekend during the Annual Meeting in New York. Congratulations Jill!
As a huge Bowie fan, his death makes me both sad and grateful to have found so much enjoyment of his music. Here’s a link to my favorite song of his, maybe my all-time favorite song – Heroes. Whenever it comes up on my ipod, I usually listen to it at least 3 times and … Continue reading David Bowie – RIP
I often feel discouraged these days. Although there have been some positive developments in the world lately, I find much of the news to be profoundly disturbing. Closer to my own life, I sometimes feel disappointed in the lack (or slow pace) of progress in legal education and dispute resolution practice, education, and theory. But … Continue reading The Part of the Glass That’s Full
This job announcement was forwarded by one of my clinical colleagues – it’s a great opportunity for someone interested in breaking into the field. Clinical Fellow for the Mediation Clinic for Families The University of Baltimore School of Law invites applications for a fellowship in its Mediation Clinic for Families to start on or about … Continue reading U of Baltimore – Family Mediation Clinic Fellow
Hi all! I miss everyone at AALS. And I’m very excited to study dispute resolution in Cuba. Here is the link to our home paper’s coverage thus far. Look forward to much blogging about the trip when we get back.
For those of you who are in New York to attend the AALS Annual Meeting, the ADR Section, along with the Law and Mental Disability Section will have a panel discussion on “The Modern Problem-Solving Court Movement: Taking Stock After 25 Years.” The panel is from 9am-noon on Saturday, January 9 in the Riverside Ballroom … Continue reading Saturday, January 9, 2016 in New York
Alert readers of this blog will recall that amendments of the Federal Rules of Civil Procedure went into effect on Dec. 1, 2015, including a new requirement that discovery be “proportional to the needs of the case.” The Institute for the Advancement of the American Legal System (IAALS) thinks that’s a good thing. Critics, like … Continue reading Is Proportionality of Discovery Good or Bad?
FOI Kristen Blankley (Nebraska) offers up a guest post on an interesting attorney malpractice / mediation confidentiality case out of Oregon. Casenote is written all over this one. Earlier this month, the Oregon Supreme Court held that pre-mediation communications are not protected communications in Alfieri v. Solomon, __ P.3d ___, 2015 WL 8539065 (Ore. Dec. … Continue reading Blankley – Oregon Supreme Court Holds Pre-Mediation Communications Not Protected
