Ever heard of a claque? I am working on a piece examining the relationship between negotiation and propaganda and began looking into viral marketing, buzz marketing, and shills. From this research I have learned the new words “claque” and “claqueurs.” Teachers of negotiation in particular might enjoy this new take on changing the parties and … Continue reading Hard bargaining and claques
We all know Abraham Lincoln’s famous quote about discouraging litigation. Here’s another we should tell our students, especially when teaching negotiation ethics: There is a vague popular belief that lawyers are necessarily dishonest. Both quotes can be accessed here. Hat tip PrawfsBlog
In my previous post on Nitro-Lift, I argued that arbitration agreements involving covenants not to compete could be susceptible to challenge under the Federal Arbitration Act’s savings clause. Because it equates arbitrators with courts sitting in other jurisdictions, that analysis rests on an assumption that arbitrators act as quasi-public dispute resolvers, determining rights and obligations … Continue reading Nitro-Lift Technologies v. Howard: Judicial Review and the Contractarian Model of Arbitration
Dear all, as I just sent out to our listserve as well, it is time to remind you of the Boskey Competition for two reasons–(a) I need your students to submit essays; and (b) I need you to judge! Besides, you might be right now in the midst of grading the next competition winner as … Continue reading Boskey Competition and Request for Judges
Friend of the blog Kristen Blankley (Nebraska) weighs in on the Supreme Court’s next duel with the Second Circuit over class arbitration: The Supreme Court today granted cert in the Second Circuit case of Oxford Health Plans, LLC v. Sutter, No. 12-135. The Sutter case is a direct response to the Supreme Court’s 2010 decision … Continue reading Blankley on the Newest Class Arbitration Case to Reach the Supreme Court
As I argued in a recent post, Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012), is another in an increasingly long line of cases that trample on state sovereignty in the name of the Supreme Court’s fabricated “federal policy favoring arbitration.” The question for state courts chafing under this regime is whether legal strategies exist … Continue reading Nitro-Lift Technologies v. Howard: Forum Selection and the FAA Savings Clause
As Jill Gross suggested in her post the other day, there is nothing novel about the Supreme Court’s per curiam decision in Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012). And the fact that the case seems unexceptional is powerful evidence for how extreme the Supreme Court’s arbitration jurisprudence has become. Like most states, Oklahoma has … Continue reading Nitro-Lift Technologies v. Howard: The Arbitration Locomotive Rolls On
The Law and Society Association has extended the deadline for proposals for the next meeting. The new deadline is December 11, 2012. The meeting is May 30, 2013-June 2, 2013, in Boston, MA. For more information and the the link to submit proposals see: http://www.lawandsociety.org/boston2013/proposals.html
Earlier this week, the Supreme Court issued a per curiam opinion in Nitro-Lift Technologies, L.L.C. v. Howard, 2012 WL 5895686 (Nov. 26, 2012), ruling that the FAA preempted a decision by the Supreme Court of Oklahoma to rule on the validity of a covenant not to compete in the first instance, despite the existence of an … Continue reading Supreme Court Decides Yet Another Arbitration Case
The Ohio Senate yesterday ratified a bill related to the use of collaborative lawyering. The bill, which formalizes the procedure and mandates confidentiality for the process, is a positive step toward increasing the use of CL in resolving disputes throughout Ohio. A copy of the bill can be found here: http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_461 The Ohio House must … Continue reading Ohio Legislature Formalizes Collaborative Lawyering
