Dear all, as I just sent out to our listserve as well, it is time to remind you of the Boskey Competition for three reasons–(a) I need your students to submit essays; (b) you might be right now in the midst of grading the next competition winner as we speak! and (c) we need judges … Continue reading Boskey Writing Competition
I blogged yesterday (here) about FINRA’s Board of Governors’ Decision finding that Schwab violated FINRA’s rules by inserting a class action waiver in the PDAA in its customer agreement. A few additional aspects of the decision are worth mentioning. First, FINRA’s Enforcement Department appealed the lower hearing panel’s adverse ruling to FINRA’s National Adjudicatory Council … Continue reading More on FINRA’s Ruling in the Schwab Class Action Waiver Case
From Ethan Katsh (U Mass): The 2014 International Online Dispute Resolution Conference will be held in Silicon Valley and San Francisco, June 25-27, 2014. ODR 2014 <http://www.odr2014.org> will bring together the technology, law and dispute resolution communities, academic researchers, representatives of financial institutions, ecommerce and social media companies, and social justice advocates using innovative technologies … Continue reading ODR Conference in June 2014 at Hastings/Stanford
In a stunning but hoped-for result (based on am amicus brief I co-authored in the case), FINRA’s Board of Governors reversed a disciplinary hearing panel decision in the FINRA v Schwab enforcement action. (See some of my previous blog posts on the subject, here, here and here.) That hearing panel had held, among other things, that Schwab’s class action … Continue reading FINRA Reverses Hearing Panel in Schwab Enforcement Case: Class Action Waiver Violates FINRA Rules
Stacie Strong (Missouri) sends this dispatch from the recent Institute of Transnational Arbitration – American Society of International Law (aka ITA-ASIL) conference in Washington D.C. ———————————— The last few years have seen a significant number of judicial opinions concerning class arbitration in the United States, both from the U.S. Supreme Court (American Express Co. v. … Continue reading Strong on Class, Mass, and Collective Arbitration discussed at ITA-ASIL Conference
I learned this morning that General Mills retracted its arbitration policy in the face of considerable criticism. See http://www.nytimes.com/2014/04/20/business/general-mills-reverses-itself-on-consumers-right-to-sue.html?_r=0. Imre Szalai comments on the reversal: “You have probably seen the news that general mills reversed itself this weekend after the public outcry over GM’s recently-implemented arbitration policy. I’m glad this 180 degree reversal occurred. I … Continue reading General Mills Reverses Course — Comments from Imre Szalai
At the recent ABA DR Annual Meeting, we had our second installment of the “What I’m Reading” panel. I promised a reading list from panelists and participants; here it is: Americanah (Chimamanda Ngozi Adichie) Shop Class as Soulcraft: An Inquiry into the Value of Work (Matthew B. Crawford) Nine Lives: In Search of the Sacred … Continue reading Booklist from the ABA DR Annual Meeting
The Transnational Dispute Management Journal has issued a Call for Papers for its upcoming special issue on “Dispute Resolution from a Corporate Perspective.” Proposals due no later than July 31, 2014. Details here.
Cynthia Alkon (Texas A&M) has published “The U.S. Supreme Court’s Failure To Fix Plea Bargaining: The Impact of Lafler and Frye” in the Hastings Constitutional Law Quarterly, available on SSRN here. The abstract: Virtually every criminal conviction in the United States is the result of a guilty plea, not a jury trial. Yet it was … Continue reading Alkon on the Supreme Court and Plea Bargaining
I thought some of you might like to see the arbitration clause General Mills has on their website. To find it, you must click on legal terms on their home page. Here are the terms: Legal terms This page contains important legal terms affecting your relationship with General Mills, including all of its affiliated companies … Continue reading General Mills’ Arbitration Clause
