Stacie Strong (Missouri) has published three articles on the arbitration of internal trust disputes: “Arbitration of Trust Disputes: Two Bodies of Law Collide” (abstract) “Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices” (abstract) “Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a … Continue reading Strong on the Arbitration of Internal Trust Disputes →

In Sunday’s New York Times, David Segal, who authors The Haggler column on consumer issues and negotiation, took issue with Concepcion and its fall-out. Segal highlighted the case of a veteran owed a $400 refund under the Servicemembers Civil Relief Act on an aborted car lease. The veteran became the lead plaintiff in a class … Continue reading The Haggler on Concepcion →

Environmental Conflict Resolution (ECR) is a next-generation dispute resolution field that brings together environmental/natural resources/energy law, public policy, multilateral bargaining, ADR, and litigation. In January 2013, the AALS Section on ADR will present a panel discussion: “Environmental Conflict Resolution (ECR): A Report Card.” We have a star panel: Larry Susskind (MIT), Irma Russell (Montana), Sean … Continue reading Call for Papers — AALS 2013 →

The blog has featured a few posts lately on the role and purpose of ADR Law Prof’s scholarship (e.g., here, here and here). Yesterday, at the New York State Judicial Institute at Pace Law School, Professor John Nolon, Director of Pace’s Kheel Center on the Resolution of Environmental Interest Disputes and the rest of his … Continue reading Symposium at Pace on Engaged Legal Scholarship →

Yesterday the SEC approved a FINRA-proposed rule change to raise the cap for Simplified Arbitration claims (i.e., paper hearings) from $25,000 to $50,000. As I wrote in a comment letter filed in support of the rule change proposal, which the SEC quoted in its approval order, the higher claim limit should “benefit investors by enhancing … Continue reading SEC Approves Rule Change to Raise the Cap for FINRA Simplified Arbitration Claims to $50,000 →

In a video clip gone viral last week (hat tip to Scott Peppet), I am linking to the ending of a British game show in which the participants play a version of the prisoner’s dilemma with the winnings at the end.  High-stakes one-shot Prisoner’s Dilemma on a British game show with an astounding strategy http://boingboing.net/2012/04/24/high-stakes-one-shot-prisoner.html … Continue reading Prisoner’s Dilemma Game Show →

On April 29, 1992, the Los Angeles riots began. I was a new public defender working in downtown Los Angeles. I remember the announcement that the jury had acquitted the four police officers caught on tape brutally beating Rodney King. The riots started that evening, but I, like most in Los Angeles, thought it would … Continue reading Twenty Years Ago Today →

Last Saturday at the ABA Conference, I moderated a panel called “Approaches to Scholarship in ADR,” featuring Michael Moffitt (Oregon), Scott Peppet (Colorado), Andrea Schneider (Marquette), and Jean Sternlight (UNLV). It was a wonderful discussion of the peculiar challenges of ADR scholarship, the mysteries of law review placement, and the demands of tenure for pre-tenured … Continue reading Advice on scholarship →

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 →