Should victims be able to stop plea bargains?

September 2, 2012 Cynthia Alkon 9 Comments

Recently, a teenage sexual assault victim from Kentucky disagreed strongly with the plea deal her assailants reached with the prosecutor and publicly expressed her disapproval, including tweeting the names of the defendants. The problem was that her assailants were also juveniles and under Kentucky law, juvenile proceedings should remain confidential. After she publicly exposed the defendants’ … Continue reading Should victims be able to stop plea bargains? →

A Stumble in the March of Adjudicative Privatization: Delaware Chancery Arbitration Scheme Declared Unconstitutional

August 31, 2012 Paul Kirgis

Last winter, I wrote about the Delaware Court of Chancery’s arbitration scheme, in which the court hired out its Chancery Judges to serve as “private” arbitrators, deciding in secret cases they otherwise would have been deciding in public, with proceeds from the five-figure fees going into court coffers. The scheme was a grotesque, if predictable, … Continue reading A Stumble in the March of Adjudicative Privatization: Delaware Chancery Arbitration Scheme Declared Unconstitutional →

Concepcion in New Jersey

August 28, 2012 Sarah Cole

From Ballard Spahr: The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), obligates courts to compel individual arbitration even where the plaintiff has proven that doing so would make it impossible to vindicate statutory rights, according to a non-precedential opinion issued August 22 by the U.S. Court of … Continue reading Concepcion in New Jersey →

Roger Fisher (1922-2012)

August 27, 2012 mmoffitt@uoregon.edu 4 Comments

Roger Fisher passed away on Saturday morning. I do not yet have the words I expect I will eventually want to say about Roger. He was at different points my teacher, my mentor, my boss, and my colleague. Like many, I quite literally would not be where (or who) I am but for Roger. I … Continue reading Roger Fisher (1922-2012) →

When Yes means No

August 26, 2012 Cynthia Alkon 3 Comments

In some countries nodding your head up and down means no, and shaking your head from side-to-side means yes. Even when I know I am in such a place, it is still hard to remember that our standard head movement for yes is no, and their no is yes. It gets even more complicated when … Continue reading When Yes means No →

Blankley on “What I did on my summer vacation”

August 25, 2012 Jen Reynolds 1 Comment

From FOI Kristen Blankley (Nebraska): What I Did on My Sumer Vacation . . . . or . . . . Everything I Need To Know About Negotiation, I Learned From Pre-Schoolers? Having spent quite a bit of time over the summer around pre-schoolers, “Aunt Kristen” has learned quite a bit about negotiation in the … Continue reading Blankley on “What I did on my summer vacation” →

ABA Law Student Division Arbitration Competition

August 23, 2012 art hinshaw 1 Comment

From Friend of Indisputably Kristen Blankley (Nebraska) – It is time to register for the American Bar Association 2012-13 Arbitration Competition! For details about the competition and to register your school by the September 14 deadline, please visit the Arbitration Competition Home Page. This unique competition promotes greater knowledge and interest among law students about arbitration … Continue reading ABA Law Student Division Arbitration Competition →

Faculty Hiring: Houston

August 22, 2012 art hinshaw

Add the University of Houston Law Center to the list of law school’s listing ADR as a subject matter of need in this year’s hiring. Other subject matters they list include professional responsiblity and procedure, two subjects which many ADR profs teach. Below are excerpts from the ad; the ad in its entirety is here. The University of Houston … Continue reading Faculty Hiring: Houston →

ADR for Greek Life?

August 20, 2012 Jill Gross 4 Comments

Earlier this month, I received an email from the National HQ of my college sorority, Alpha Chi Omega (yes, it is painful to admit that I pledged a sorority in college), notifying me of the new “Claims and Dispute Resolution Program” the national organization had adopted “to ensure a timely and productive process to resolve issues which … Continue reading ADR for Greek Life? →

Judge to Apple and Samsung: “It’s Time for Peace.”

August 17, 2012 art hinshaw 1 Comment

If you’re not aware of the mega-case between Apple and Samsung, you’re not someone who follows legal tech issues closely. Count me as usually oblivious this area of law, although I’ve read some blog chatter about the case. In a nutshell, Apple sued Samsung in 2011 claiming patent infringement relating to smart phone technology and asked for $2.5 billion in damages. … Continue reading Judge to Apple and Samsung: “It’s Time for Peace.” →