Professor Deborah Kolb is Ohio State University Moritz College of Law’s Schwartz Lecturer on April 4th

The 2012 Schwartz Lecture on Dispute Resolution will be given by Deborah M. Kolb, an internationally renowned expert on gender issues in negotiation and leadership. On April 4th at noon in the Moritz College of Law’s Saxbe Auditorium, she will speak on “Negotiating in the Shadow of Organizations: Doing Well by Doing Good.” Recent research … Continue reading Professor Deborah Kolb is Ohio State University Moritz College of Law’s Schwartz Lecturer on April 4th →

Yes, there is a right to effective assistance of counsel in plea bargaining

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In 5-4 decisions, the U.S. Supreme Court today decided there is a right to effective assistance of counseling in plea bargaining in the cases of Lafler v. Cooper and Missouri v. Frye. In Lafler, the defendant rejected the plea offer due to bad advice by his lawyer, who told the defendant that he could not … Continue reading Yes, there is a right to effective assistance of counsel in plea bargaining →

Call for Proposals – Collective Redress in the Cross-Border Context

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Stacie  Strong from Missouri is in the Netherlands this semester and is organizaing a conference on collective redresss of cross-border claims.  She sent out a call for papers on the topc recently the ADR list serv, and I’m posting it here in case you missed it.  If you’re interested in going to the Netherlands this summer, this is … Continue reading Call for Proposals – Collective Redress in the Cross-Border Context →

What do the Mets, Bernie Madoff, and Mario Cuomo have in Common?

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If you’ve been paying attention today’s news, you’ve probably heard that the owners of the New York Mets baseball team and Irving Pickard, the trustee for the Madoff vicitms, settled the Trustee’s claim for $1billion in damages for a reported $162million.  This article in the NYTimes gives some interesting information about the case generally and … Continue reading What do the Mets, Bernie Madoff, and Mario Cuomo have in Common? →

ABA DR Section Conference – Legal Educators’ Colloquium

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As the annual ABA DR Section Conference quickly approaches, I want to encourage everyone to attend the Legal Educators’ Colloquium on Saturday April 21st.  The LEC always promises great programming and this year’s schedule is fantastic.  And I don’t say that simply because 6 of the 8 contributors to this blog will be presenting. More … Continue reading ABA DR Section Conference – Legal Educators’ Colloquium →

NLRB Decision Limiting Class Waivers Appealed

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As expected, the NLRB’s decision in D.A. Horton limiting arbitral class waivers in employment agreements has been appealed to the Fifth Circuit. As I suggested in this post, the case pits the Supreme Court’s interpretation of the FAA against the NLRB’s interpretation of “concerted action” in the labor laws, raising questions about Supreme Court deference … Continue reading NLRB Decision Limiting Class Waivers Appealed →

The Unfairness of Arbitration?

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In today’s New York Times, Stanford Law Prof. Amalia Kessler has an interesting op-ed about consumer arbitration.  The interesting thing about this piece is not its arguments against consumer arbitration but its historical take on arbitration that looks back past the FAA.  That said, it hints  at an argument I’ve heard many times about the high percentage of arbitration cases … Continue reading The Unfairness of Arbitration? →

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