One of the things I did over the winter break was try to find some new material for my class on Advanced Issues in Criminal Justice. I came across two interesting movies on restorative justice that I had not known about and that I am planning to use in different ways in my class this spring. … Continue reading Movies on Restorative Justice
As others are reflecting on notable events in the past year, I think about the American Arbitration Association’s 2013 revisions to its arbitration rules, and what those revisions mean to arbitration. First, effective October 1, the AAA’s revised Commercial Arbitration Rules make several important changes to the arbitration process. All of the changes are summarized … Continue reading Notable AAA Arbitration Rule Revisions in 2013
FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. ——————————————– These have been very bleak times for those, like me, who abhor mandatory arbitration because they think it disserves consumers, employees, and others. In case after case such as AT&T Mobility v. Concepcion (2011) and American Express v. Italian Colors Restaurant (2013) the … Continue reading Sternlight: Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?
Sheila Heen, co-author of Difficult Conversations: How To Discuss What Matters Most, is providing expert advice in a series of columns on family and other kinds of conflicts. Here’s one of my favorite passages from this week’s column — she’s explaining some of the reasons people experience conflict so differently: Emotional math. Everyone gets frustrated, … Continue reading Sheila Heen providing expert advice in the NYT
The Consumer Financial Products Board has issued preliminary findings from its study of arbitration clauses in consumer financial contracts. The results will not surprise anyone who follows this area. The CFPB found that large banks are much more likely than small banks to include arbitration clauses, but that because of their market share, around 50% … Continue reading CFPB Preliminary Results on Study of Arbitration Clauses in Consumer Financial Contracts
A federal judge in Washington issued a decision holding that two cities in Washington violated the sixth amendment right to counsel because their public defender system was so underfunded and understaffed that the representation amounted to little more than a “meet and plead” system. The decision is critical of the caseloads that the appointed counsel … Continue reading Intervening to fix a “Meet and Plead” System
With the death of Nelson Mandela, without doubt the most significant political leader in my lifetime, lots has been written about his impact not only on South Africa but also on the world. And plenty is still to be written. Mandela’s impact comes in many ways large and small, but more importantly it still resonates … Continue reading Mandela – A Titan Remembered
Today’s report from Human Rights Watch and the ensuing uproar over prosecutor behavior is just the latest attack on a negotiation system that is fundamentally flawed. Human Rights Watch report here and New York Times coverage here When I studied how lawyers in general negotiate and then assessed the behavior in criminal cases (Cooperating or Caving In: … Continue reading Plea Bargaining and the Trial Penalty
From Mohit Maheshwari, senior editor of the Indian Journal of Arbitration Law: The Indian Journal of Arbitration Law is a biannual, student-reviewed Journal by the Centre for Advanced Research and Training in Arbitration Law (CARTAL) of National Law University, Jodhpur. The Journal strives to inculcate the prevalent theories in the field of arbitration with their … Continue reading Call for papers: Indian Journal of Arbitration Law
The Morris and Stewart Udall Foundation, a federally funded foundation located in Tucson, Az., has an opening for the Director of the US Institute for Environmental Conflict Resolution. You can see the full ad here, and learn more about the foundation here. This is a great gig – federal benefits and good pay. A blurb … Continue reading Director – US Institute for Environmental Conflict Resolution, a programmatic arm of the Udall Foundation
