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 →

Jill gave a report from the WIP Conference at Cardozo over the weekend, and Cardozo’s Lela Love – who is as gracious a host as you can find – was kind enough to send along her thoughts about the conference as well.  Here’s hoping that next year’s conference is as successful as this year’s was. … Continue reading Work in Progress – Processes for Advancing Scholarly Writing →

Noam Ebner (Creighton) has posted his new article, Negotiation via (the New) Email, to SSRN. The abstract: While certainly one of the most familiar modes for online communication, email is a constantly shifting entity. This chapter explores common pitfalls encountered in negotiating via email as well as advantages the medium offers, and offers best practices … Continue reading Ebner on Negotiation via (the New) Email →

I have been reeling recently with the latest, almost comical, memo that was sent to female Clifford Chance associates at the end of last month entitled “Presentation Tips for Women.”  While some of the advice could be useful to all associates (rehearse, prep your opening, etc.), the majority of these tips are just offensive, particularly as … Continue reading Speechless–and then a great speech →

Now that I have had a day to catch my breath, I can share a few reflections about the wonderful ADR Works-in-Progress Conference that Cardozo Law School hosted this past Thursday evening through Saturday morning.  Prof. Lela Love, Director of Cardozo’s Kukin Program for Conflict Resolution, assisted by student editors of Cardozo’s Journal of Conflict … Continue reading Report from Cardozo’s Wonderful ADR Works-in-Progress Conference →

  Last week the U.S. Supreme Court decided the case of Burt v. Titlow.  Many hoped the Court would use the decision in Titlow to bring more definition to the Court’s 2012 decisions  in Lafler and Frye when they held that defendants have a right to effective assistance of counsel in plea bargaining.  Instead, in … Continue reading The Latest Supreme Court Case on Plea Bargaining, or Not →

I received this announcement about a conference on Dispute Resolution and Religion that I thought others might find interesting: The Aspen Center for Social Values presents Alternative Dispute Resolution: Is This the Future of Law? June 8-10, 2014. The submission deadline is Nov. 30, 2013. The Conference seeks to engage scholars of Jewish studies, and … Continue reading Opportunity to Discuss ADR and Religion in Aspen →

I just returned from a fabulous weekend in Hong Kong (and yes, I would suggest staying longer next time.)  Nadja Alexander, Jim Coben, and Chris Honeyman put together a really diverse and interesting group of people to discuss Modern Negotiation and Ancient Wisdom.  The articles coming out of the conference will form the next issue … Continue reading Tan Pan Symposium →