It looks like the CFPB will begin its required study of consumer arbitration. From Ballard Spahr: “The Consumer Financial Protection Bureau announced today that is has initiated its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act. It submitted to the Federal Register for publication a “request for Information Regarding Scope, … Continue reading CFPB will begin study of consumer arbitration →

Friend of Indisputably Kristen Blankely (Nebraska) was kind enough to jot down her thoughts about journaling while preparing her for her panel on integrating writing skills into ADR courses.  A personal note – I’ve cut way back on the journaling over the years, but I was crazy enough to require 9 journals the first time … Continue reading Why I Assign Journaling →

In January, I reported here that FINRA had filed a rule change proposal with the SEC to amend FINRA Dispute Resolution’s Code of Arbitration Procedure to clarify that collective actions are not arbitrable in the forum.  The SEC granted accelerated approval earlier this month.  The approval order explains that FINRA amended slightly its proposal in response … Continue reading SEC Approves FINRA Proposal to Exempt Collective Actions from FINRA Arbitration →

This may be first joke posted on Indisputably. What’s the difference between a terrorist and a mother-in-law? You can negotiate with a terrorist. Moty Cristal – Israeli crisis negotiator during his keynote address.    

I know that word that the Cleveland Browns have suffered a defeat is surprising only because we are not presently in the midst of a football season.  But [insert your own joke here about how losing habits die hard, know no season, etc.  As a school-aged Ohioan in the Mike Phipps and Brian Sipe eras, … Continue reading The Cleveland Browns Lose … but it’s actually news →

Jean Sternlight’s Oregon Law Review article “Tsunami” is now available online here.  It includes a thorough but accessible survey of the range of judicial responses to the Concepcion decision, along with an overview of some possible legislative and administrative responses.  The article makes for really good reading, unless you pay careful attention to what these … Continue reading Sternlight on Concepcion →

Sean Nolon from Vermont Law School asked me to post the following RFP for the 3rd Annual Colloquium on Environmental Law.  From his email sent out to the ADR listserv: For those of you who are working on scholarship in the area of environmental dispute resolution, let me direct your attention to an upcoming event at Vermont … Continue reading THIRD ANNUAL COLLOQUIUM ON ENVIRONMENTAL SCHOLARSHIP →

As promised, here are more details about the upcoming Works-in-Progress Conference. If you attend the ABA Section on Dispute Resolution Conference next week, please stop by the Ohio State University Journal of Dispute Resolution to speak with our Symposium Editors about the conference. The Association of American Law Schools’ Section on Dispute Resolution’s Sixth Annual … Continue reading 2012 Works-in-Progress Conference at Ohio State — More Information! →

Indisputably contibutor Sarah Cole just sent out a message about the 2012 AALS ADR Section’s Works-in-Progress Conference, which was recently awarded to Ohio State.  The message, or should I say teaser, is below.  Save the date and we look forward to hearing more from her about the conference at the ABA DR Section meetings in DC next week.  See you … Continue reading Ohio State to Host 2012 AALS Works-in-Progress Conference →

With the occasional exception of Justice Kennedy, the Supreme Court’s Republican-appointed Justices are not conservative in any principled sense. They are radicals, willing to cast aside established doctrines and forge new ones in the service of various policy objectives. This tendency is particularly evident in the Court’s constitutional jurisprudence, where from hand guns to campaign … Continue reading Arbitration and the “Conservative” Court →