For the first time since 2004, this fall, I will not teach our required 1L course, Lawyering: Problem-Solving and Dispute Resolution. We had several sections each year and so I had a chance to impart my views about lawyering to a substantial part of our class. I felt passionate about the value of good lawyering … Continue reading My Last Lecture in Your Course
For an interesting take on “Deflategate” and Tom Brady’s legal maneuvers to overturn his four-game suspension imposed by the NFL Commissioner acting as “arbitrator,” see George Friedman’s blog post, “Deflategate” – the Commissioner Has Ruled – Now What?“.
Earlier this summer, the Second Circuit upheld a district court decision compelling individual arbitration of a brokerage employee’s federal and state wage-and-hour claims and enforcing a class and collective action waiver in the employee’s employment agreement. See Cohen v. UBS Financial Services, Inc., 2015 WL 3953348 (2d Cir. June 30, 2015). The employee had argued … Continue reading Second Circuit Enforces Class Action Waiver in Brokerage Firm Employee’s PDAA
Job postings for the next appointments cycle are dribbling out, and I’ve come across two postings indicating an interest in Dispute Resolution candidates – Arkansas and Willamette. And if you count “skills courses related to civil procedure” as dispute resolution, add South Dakota to the mix. Good luck applicants !! If anyone knows of any … Continue reading Hiring: Dispute Resolution Profs
When I lived in Los Angeles it felt like some stranger or another was constantly ordering me to “smile!” I was a criminal defense lawyer with the Los Angeles Public Defender which meant I regularly struggled with seeing people at their worst, seeing tragedy, and incredible ugliness. Not exactly the kind of working world that … Continue reading Smile!??
This conversation started with my post about planned early dispute resolution (PEDR). My friend, Peter Benner, and I exchanged comments in that post. Here are links to Part 2-ish and Part 3 in this conversation. _______________________________________________________________ Peter, I think that your post helps move us closer to understanding the motivations of the players in corporate … Continue reading Conversation with Peter Benner about PEDR, Part 4
Over at Concurring Opinions Lawrence Cunningham (GW) has posted a contract law perspective on adhesion contracts with arbitration agreements. Enjoy.
This conversation started with my post about planned early dispute resolution (PEDR). My friend, Peter Benner, and I exchanged comments in that post. Because we decided to continue this conversation for a while, I am posting our ideas in new posts, starting with the last one (Part 2-ish). Here is Peter’s response to my last … Continue reading Conversation with Peter Benner about PEDR, Part 3
It is with a heavy heart that I pass along the sad news that our colleague in dispute resolution, Moritz College of Law’s Associate Dean Christopher Fairman, passed away unexpectedly last night. The loss of our beloved associate dean and colleague is not easily borne — Chris was a wonderful friend, a terrific listener, an … Continue reading Moritz College of Law’s Associate Dean and ADR Scholar Chris Fairman
After a conversation with friends about the Confederate flag controversy, I sent them the following email, which I thought you might be interested in. _____________________________________________________________ In our conversations, I have talked about the value of trying to see the world through others’ eyes. There are several reasons why I have found it valuable including moral, … Continue reading Seeing the World Through Others’ Eyes
