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
Love ’em or hate ’em, the US News rankings are out. As is well documented, the overall rankings are subject to lots of criticism, and rightfully so. The specialty rankings are purely peer assessment rankings, which makes them more legit, although I’m sure we can quibble about them too if we want to. That said, … Continue reading US News ADR Rankings
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
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?
Reprinted from the ADR listserv: I would like to put together a list of junior ADR scholars (junior = seven or fewer years of teaching and not yet tenured) for purposes of networking, paper trading, knowledge sharing, commiserating, etc. Please write me back if: You are a junior ADR scholar. 🙂 You know a junior … Continue reading List of Junior ADR Scholars
Last week (or so) Melissa Nelken at UC Hastings announced that Grande Lum has been nominated to a post at the Department of Justice and has resigned as CNDR’s Director. Excerpts from the job posting are below. And just in case you weren’t sure, this is a great gig. Under the administrative direction of the … Continue reading Director, Center for Negotiation and Dispute Resolution – UC Hastings
The SEC has published two requests for public comment on proposals to amend two separate FINRA Dispute Resolution procedural rules. The SEC’s first request for comment on a FINRA rule change proposal to raise the monetary threshold for Simplified Arbitration cases from $25,000 to $50,000. See the Federal Register Notice here. Comments are due by … Continue reading SEC Seeks Public Comment on Two FINRA Dispute Resolution Rule Proposals
From our friends at the HLS Program on Negotiation: As noted in an earlier post, Michael Young will be speaking at Ohio State University Moritz College of Law on March 7. The evening before, Mr. Young will give a public lecture at the Harvard Law School. If you are in Boston, please join us! “The … Continue reading Michael Young at Harvard Law, March 6
The Delaware Chancery Court arbitration scheme is on one side of a gold coin, with the “federal policy favoring arbitration” on the other. The story starts with the slow strangulation of the judiciary caused by Congress’s failure over the last forty years to add enough judges to keep up with the draconian penal laws that … Continue reading The Commodification of Legal Decisionmaking
Sports fans will be aware of the controversy over National League MVP Ryan Braun’s positive test for anabolic steroids. Braun tested positive for very high levels of testosterone last fall and was suspended by Major League Baseball for 50 games under baseball’s drug testing policy. He filed a grievance through the baseball players’ union, and … Continue reading The Ryan Braun Arbitration
