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
Congratulations to Friend of Indisputably Prof. Hiro Aragaki (Loyola Law) on winning one of only two Honorable Mentions in the 2014 AALS Annual Scholarly Paper Competition for junior faculty for his paper “Contract” or “Procedure”? Reinterpreting the Federal Arbitration Act. He presented a draft of the paper to the recent ADR Works-in-Progress Conference, and his presentation … Continue reading Congratulations to FOI Hiro Aragaki
As we recently announced on our website: Texas A&M University invites nominations and applications for the position of Dean of the Texas A&M University School of Law. The desired appointment date is July 1, 2014. The Dean Search Committee has been appointed by the Provost and Executive Vice President of Texas A&M University, Dr. Karan … Continue reading Texas A&M Dean Search
On November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its fall 2013 symposium, entitled “Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare.” Friend of Indisputably Lela Love was kind enough to send along this synopsis of the event. ———————- “Tell us please, what treatment in an emergency is administered by … Continue reading Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare
From the Employer Law Report (Caroline Gentry): The Sixth Circuit held that courts, not arbitrators, must decide the “gateway” issue of whether an arbitration clause permits classwide arbitration—and that clauses that are silent on the issue do not permit classwide arbitrations. In Reed Elsevier, Inc. v. Crockett, No. 12-3574, (6th Cir. Nov. 5, 2013), the … Continue reading Unsurprising Sixth Circuit Decisioin that Propriety of Class Arbitration is a Gateway Question and that Silent Clause Doesn’t Permit Class Arbitration
To follow up on an offer we made at the Works-in-Progress conference, particularly for new scholars, here is an introduction to Lauren Newell, a new professor at Ohio Northern University. Her paper that she presented at the conference was terrific and I am very much looking forward to the research. Here is how she describes … Continue reading WIP Papers–Hunger Games
