When I started Missouri’s Dispute Resolution LLM Program in the fall of (ahem) a long time ago, I took Understanding Conflict which Len taught. It was the first class where he had a heavy mindfulness component, which was both brilliant and strange. I remember thinking at the time that Len was just so far ahead … Continue reading Another Instance Where Riskin is Ahead of His Time
Jim Coben, on behalf of himself and Nancy Welsh, is circulating the following request. Dear Colleagues: I write to appeal to the “hive-mind” on behalf of the Dispute Resolution Magazine. In the upcoming fall issue, we are planning to include a “numbers” teaser box. More specifically, it’s an opportunity to feature interesting statistics and/or other … Continue reading Coben and Welsh Want Your Favorite Number
As I have threatened, a few days ago, I sent emails individually nagging colleagues to send me their recent DR syllabi so that I can update the syllabus page on the DRLE website. Thanks so much to those who already responded. If I sent you an email and you haven’t responded yet – don’t make … Continue reading Please Send Me Your DR Syllabi by June 22
Kristen Blankley‘s recent Florida Law Review article on “Impact Preemption” is worth a read. She goes one step beyond the by-now-well-trodden ground of critiquing the bases for recent Supreme Court arbitration jurisprudence on preemption. Instead, tracing back to the Concepcion case, she suggests that the combination of recent Supreme Court cases has gone beyond field preemption … Continue reading Blankley on Arbitration Preemption
The LA Times is reporting that Uber has lost its bid for arbitration in a suit brought by its drivers. According to the article, a federal judge in San Francisco found that the arbitration clauses in the 2013 and 2014 Uber contracts with its drivers unenforceable because they “are both procedurally and substantively unconscionable.” The … Continue reading The Next California Arbitration Case to Go to the Supreme Court?
This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below. There are six additional posts in this conversation. At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution
A financially struggling middle-class family receives a briefcase with $100K and must make a decision: keep the money; share the money with another struggling family; or give all the money away to that other struggling family. Before making this decision, they have an opportunity to learn more about the other struggling family. They have 72 … Continue reading New show: The Briefcase
Adam Zimmerman (Loyola LA), a rising star in our field, is guest blogging over at Prawfs this month and he has a thoughtful take on Jean’s recent post on the recent Wellness Int’l v. Sharif case discussing the constitutionality of Bankruptcy and US Magistrate Judges. Adam has some other posts of interests there, notably about … Continue reading Zimmerman on Sternlight’s Article III and Arbitration Post
I can’t resist commenting on Andrea’s lighthearted post showing a sign at a Starbuck’s with President John F. Kennedy’s famous statement, “Let us never negotiate out of fear. But let us never fear to negotiate!” This reminds me of President Franklin Delano Roosevelt’s statement, “The only thing we have to fear is fear itself.” I … Continue reading Fear and Negotiation
In her post this week, Jean Sternlight argues that the logic of the Supreme Court’s recent decision in Wellness Int’l Network v. Sharif casts doubt on the constitutionality of private mandatory arbitration, at least as applied to consumers and employees. She challenges the insistence by the Court’s pro-arbitration Justices that arbitration does not implicate constitutional rights ecause arbitrators … Continue reading Another View of the Arbitration Cathedral–Further Thoughts on Sharif
