Over the past year or so, critics of consumer and employment arbitration have coined a new term for what ADR scholars have historically called mandatory pre-dispute arbitration: “forced arbitration.” The most prominent example appears in the recent film produced by the Alliance for Justice titled Lost in the Fine Print. Narrated by Robert Reich, the movie draws on … Continue reading On “Forced” Arbitration
From Reuters: “An Ohio chiropractor can bring a lawsuit against Aetna Inc in federal court despite having already settled his claims against the company, a U.S. judge has ruled. U.S. District Judge Michael Shipp in New Jersey said last week that an arbitration agreement between chiropractor Peter Manz and Aetna was not binding because his … Continue reading Arbitration Agreement Does Not Preclude Lawsuit By Chiropractor Against His Employer
The Alliance for Justice and SALT will host a reception at 8:30 p.m. on Saturday, January 3 in conjunction with the AALS Annual Meeting in Washington, DC. The reception will feature a screening of the short film Lost in the Fine Print: Examining the Impact of Forced Arbitration. The film will be followed by brief comments … Continue reading AFJ/SALT Reception at AALS to Screen “Lost in the Fine Print”
From FOI Stacie Strong: I realize that most of us are busy finishing up with exams and taking some well-deserved time off, but I would like to circulate information regarding an opportunity to attend the upcoming UNCITRAL Working Group II (Arbitration and Conciliation) meeting in February as an observer, in case it might be of … Continue reading Opportunity to observe UNCITRAL Working Group II
I went to Cuba in mid-November 2014 as part of a delegation of the ABA Section of Dispute Resolution to learn about the legal system and dispute resolution there. I am grateful to Bruce Meyerson for organizing and leading this trip. I stayed a few extra days as part of a cultural extension of this … Continue reading Cuba Diaries
My colleague, Professor S.I. Strong, recently conducted a large-scale empirical study on the use and perception of international commercial mediation and conciliation that appears to be the first of its kind. The information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) as it considers a proposal from the Government of … Continue reading Strong UNCITRAL Study Cited by United Nations
Lately, we have talked about Sleeping Beauty, Cinderella, Prince Charming, fairy godmothers, aristocrats, wicked witches, mutant children, beasts, step-sisters, cooks, doctors, firefighters, and boy scouts. (Note several different links.) Now zombies, black holes, frogs, and more junior royalty. My colleague, Rafael Gely, recently sent an email to folks in our Center about the work … Continue reading Is Legal Education a Zombie?
This morning’s edition of “Inside Higher Education” (one of the two or three sites I read every morning) includes an article by a current PhD student entitled, “Basic Negotiation Advice for Grad Students.” Available here. Pieces are consistent with the commonly understood “best practices” of our field, such as they are. Prepare well. Don’t just … Continue reading Negotiation Advice for Graduate Students’ First Jobs
It’s been a while since I’ve had a chance to post here – and now have a few (almost outdated) updates about FINRA Dispute Resolution leaders – both past and present. In September, Linda Fienberg, long-time leader at FINRA Dispute Resolution announced that she would retire as of November 30. FINRA CEO Rick Ketchum tapped Rick … Continue reading Updates on current and former FINRA Dispute Resolution executives
Professor Maria Glover (Georgetown) has posted her paper Disappearing Claims and the Erosion of Public Law on SSRN. The article will be published in the Yale Law Journal. Here’s the abstract: The Supreme Court’s arbitration jurisprudence in the last five years represents the culmination of a three-decade long expansion of the use of private arbitration … Continue reading Glover on Mandatory Arbitration and Public Law
