That was the choice a court in Ohio gave a man found in contempt due to a violation of a protective order against his ex-wife. The news reports are a little sketchy, but it appears that the basis for the contempt finding was a statement the defendant posted on his Facebook page. The defendant and … Continue reading Apologize on Facebook or Go to Jail
In a per curiam opinion, the Supreme Court today reversed three consolidated decisions by the West Virginia Supreme Court of Appeals refusing to enforce pre-dispute arbitration agreements in nursing home contracts where a claim alleges negligence or wrongful death. The West Virginia high court had held that “as a matter of public policy under West Virginia … Continue reading Supreme Court Rejects West Virginia Rule Barring Nursing Home Arbitration
Jonah Lehrer has an interesting piece in the New Yorker discussing research into brainstorming. His focus is mainly on creativity in research groups, but there are some lessons for brainstorming in dispute resolution contexts as well. For example, he describes research showing that the classic brainstorming advice–no criticism–is counterproductive. In fact, the evidence suggests that … Continue reading To Brainstorm or Not To Brainstorm
On Saturday, Feb. 25, the Harvard Negotiation Law Review is sponsoring a symposium entitled “Does ADR Work? Evaluating the Effectiveness of Alternative Dispute Resolution.” Here is the symposium announcement: Saturday, February 25th Check-in at 9:30 AM • Reception to Follow at 5:00 PM 1515 Massachusetts Avenue • Cambridge, MA 02138 • Austin Hall, North Classroom Keynote … Continue reading Harvard Negotiation Law Review Symposium on ADR Effectiveness
On Wednesday, Feb. 22, Penn State Law will host a symposium entitled “U.S. Arbitration Law in the wake of AT&T Mobility v. Concepcion.” Here is the announcement: The 2011 Supreme Court decision in AT&T Mobility v. Concepcion last year has potentially changed the legal landscape in a number of areas including class actions and arbitration … Continue reading Penn State Law Symposium on AT&T Mobility
My Negotiation Workshop colleague, Joanne Lipo Zovic, is the alumni blogger of the month for Marquette and posted her non-scientific survey on lawyering skills. Her findings support much of what we teach in dispute resolution and I particularly liked the wordle she created from the results. As she writes: I got 38 responses back (thanks to all of … Continue reading Lawyering Skills
At last spring’s ABA Legal Educators’ Colloquium, I led a panel with Nancy Welsh and Jennifer Brown on teaching distributive negotiation. The papers that developed out of that panel, along with an additional piece by Michael Wheeler, have now been published in the new issue of the Negotiation Journal. Mike leads off by making the case … Continue reading Wheeler, Brown, Kirgis, and Welsh on Negotiation Pedagogy
On Thursday, April 26, 2012, Cardozo Law will hold a half-day conference on the scope and impact of AT&T Mobility v. Concepcion. The conference will begin at 1:30 and will feature scholars such as Jean Sternlight, Nina Pillard, Judith Resnik, Charles Silver, and my colleague Adam Zimmerman.
The National Law Journal ran a story recently describing the recent appeal of the $3.4B settlement of the contested Native American trust litigation. (Story here.) I have not been following the details of this case closely enough to hold any opinion about the merits of this appeal. But given the magnitude of the settlement and … Continue reading $3.4B Class Action Settlement (and the contest thereof)
We have several great submissions. If you are interested in adding to our list, please do so by 5 pm today. The WIP host institution is responsible for organizing all of the logistics for the conference, from picking dates, lining up hotels, and scheduling receptions and presentations. The conference host, assisted by the Conference Planning Committee (consisting … Continue reading DEADLINE TODAY for Submissions to host 2012 WIP conference
