Negotiation Styles, Labels & Skills (Labels Suck Redux)

As Art graciously blogged about last year, I gave a presentation called Labels Suck at Wash U.’s symposium on New Directions in Negotiation.  It was a fun opportunity to let loose on what I have long believed is a hindrance to student learning–that we focus on determining overarching styles too much at the expense of focusing … Continue reading Negotiation Styles, Labels & Skills (Labels Suck Redux)

Penn State hires Feinberg to mediate Sandusky sex abuse claims

According to this piece in the Philadelphia Inquirer, Kenneth Feinberg has been hired to mediate the civil claims against Penn State University as part of the Sandusky sexual predator scandal.   According to the article: “We are seeking to make sure we do the right thing in terms of providing a just outcome for the victims,” Penn State president Rodney … Continue reading Penn State hires Feinberg to mediate Sandusky sex abuse claims

Should victims be able to stop plea bargains?

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

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

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