USNews Rankings

Today USNews released their law school rankings (here) and their specialty rankings, which are password protected.  The Dispute Resolution rankings are below.  Congrats to all. 1. Pepperdine 2. Missouri 3. Harvard 4. Ohio State 5. Hamline 6. Cardozo (Yeshiva) 7. Oregon 8. Marquette 9. UNLV 10. UC Hastings 11. Arizona State and Northwestern (tie) 13. … Continue reading USNews Rankings

CFPB Report on Arbitration in Consumer Finance Contracts

The Consumer Financial Products Board has issued its report on the use of pre-dispute arbitration clauses in consumer finance contracts, as directed by Congress in the Dodd-Frank Act. In conducting its study, the CFPB looked at hundreds of financial agreements, reviewed thousand of disputes–including individual arbitrations, individual lawsuits, class actions, and public enforcement actions–and conducted a … Continue reading CFPB Report on Arbitration in Consumer Finance Contracts

Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?

As an arbitrator and teacher of arbitration, I’ve noticed that legal issues are more frequently the focus in arbitration proceedings, both non-labor and labor. I have watched non-lawyer representatives struggle to make legal arguments (although, in fairness, sometimes that is true of lawyers as well). To ensure adequate representation of parties in arbitration involving legal … Continue reading Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?

SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator

The SEC approved FINRA’s proposal to ” refine and reorganize the definitions of ‘non-public’ arbitrator and ‘public’ arbitrator.”  Customers who file an arbitration claim against a broker dealer or associated person now has the right to an all-public arbitration panel, so the definitions of who fits the two classifications are high stakes.  This proposal is misguided, … Continue reading SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator

No Surprise — Iskanian Court Enforces Class Action Waiver

From the Daily Labor Report (BNA): “Under directions from the California Supreme Court, the California Court of Appeal Feb. 26 held that class action and arbitration waivers in an agreement between a trash removal company and an employee are enforceable as to the worker’s individual wage and hour claims under state law (Franco v. Arakelian … Continue reading No Surprise — Iskanian Court Enforces Class Action Waiver

Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri

The Center for the Study of Dispute Resolution at the University of Missouri School of Law announced the winners of a law student writing competition held in conjunction with the Missouri Law Review symposium entitled “Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.” Professor S.I. Strong organized the competition, which asked … Continue reading Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri

Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes

Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts.  She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States.  A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes

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