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
I spent most of the past two days at a wonderful conference – ODR 2015, hosted by Pace Law School (at the University’s downtown NYC campus), listening to fellow online dispute resolution enthusiasts from across the U.S. as well as from countries such as England, Canada, Nigeria, Israel, China, New Zealand, Belgium, Malaysia, Japan, and … Continue reading ODR 2015
Okay–this is not that intellectual but this was this morning’s quote to greet me when picking up my (mandatory) morning coffee. [Click on the full post to see the picture] Caffeine and inspiration all at the same time! Happy Summer to all.
Our good friend Jean Sternlight (UNLV) sends along her opinions on Sharif, one of last week’s Supreme Court cases and how it impacts the Federal Arbitration Act. The Supreme Court’s most recent Article III decision, Wellness Int’l v. Sharif (2015), raises substantial questions as to the constitutional legitimacy of the Federal Arbitration Act, 9 U.S.C. … Continue reading Sternlight – Asking Tough Questions About Mandatory Arbitration and Article III
Three days ago, the Nevada Supreme Court released an opinion in the case of Weddell v. Sharp et al. (Here). Although it has facts that would make ADR & Civ Pro professors fairly swoon, the opinion itself is maddening. Both the majority and the dissent. Sigh. Based on reading the opinion, I understand the basic … Continue reading A Maddening Nevada Supreme Court Case
This dispatch comes from FOI Alyson Carrel (Northwestern). Last week, Robert DeNiro spoke at the NYU Tisch School of Arts graduation ceremony. After congratulating the students on their success, he paused, then added, “ “and, you’re f***ed.” Everyone laughed because they understood the uncertainty these students face. Unlike their peers in accounting, law or medicine who … Continue reading Carrel on Dreams of an ADR Career
As the summer begins and a lot of us are planning our research and writing, please keep in mind that the 9th Annual AALS Alternative Dispute Resolution Section’s Works-in-Progress Conference will be on October 23 & 34, 2015, at the Texas A&M University School of Law in Fort Worth, Texas. As many of the readers … Continue reading Save the date: AALS ADR Works in Progress in October
A short piece in the New York Times by Harvard economists and Yale psychologists has a suggestion that may surprise you – or maybe not – about people’s motivation to cooperate. The authors focus on the “tragedy of the commons” which is the situation “where individuals acting independently and rationally according to each’s self-interest behave … Continue reading Why Cooperate?
Harvard’s Project on the Foundations of Private Law has started an interesting blog entitled New Private Law.* As one of its introductory posts, the blog posted a list of the most cited private law articles in the last 25 years. Scrolling through the list you’ll see that Russell Korobkin (UCLA) has two pieces in the … Continue reading Korobkin – 2 Pieces among the top 50 most cited private law articles
