As every reader of this blog should know, Yale Professor Owen Fiss wrote a seminal article entitled Against Settlement, which gave several policy reasons as to why he was (shockingly) against settlement. When he sees this judicial order, he’s bound to add several more. hat tip: Above the Law
In a blog post today on Forbes, blogger Victoria Pynchon of She Negotiates interviews Carrie Menkel-Meadow on the debt crisis negotiations. As Menkel-Meadow explains, the current political crisis demonstrates that where self-interest (or party-interest) dominates (if we can’t rule, we’ll ruin) negotiation seeking integrative solutions or bargaining for trades and compromises may be difficult to … Continue reading Advice to Obama from an Expert Negotiator
Our Sesame Street friends perform “Sure Shot” one the Beastie Boys’ best songs. Enjoy. http://vimeo.com/26570444
Yesterday, I participated in a panel reviewing AT&T v. Concepcion and its implications for the future. The panel included a defense lawyer and a lawyer from Public Justice. Efforts to limit Concepcion through litigation have not fared well to this point, but the better arguments seem to be that Concepcion could be limited to its … Continue reading Information about AAA updating class arbitration rules and fallout from Concepcion
This is a friendly reminder from our friends at Creighton that the Works-in-Progress Conference is still accepting submissions. The conference, is hosted this year by The Werner Institute at Creighton University School of Law in Omaha, Nebraska. The WIP is a tradition started five years ago that provides a great opportunity for ADR scholars to share current research, receive … Continue reading Reminder–Works-in-Progress Conference
On Saturday September 10, 2011 ASU will be hosting our annual Aspiring Law Professors’ Conference. As the conference web site states: Designed for Visiting Assistant Professors, Fellows and others who plan to go on the academic teaching market, but valuable to anyone considering a career as a law professor. * Learn to succeed in the entry-level … Continue reading Aspiring Law Professors Conference
While teaching at Hamline Law School (Go Pipers!) last week one of my students brought me an article from the Star Tribune asking the question, “what happened to compromise?” Using the backdrop of the work stoppage of the Minnesota state government, the NFL lockout, the NBA lockout, and the debt ceiling talks in DC, the article … Continue reading Putting the “Me” in Mediation
Before heading to Pepperdine for the Teaching Law School ADR Courses I promised some blog posts related to the conference. Between moving across town and then heading to Hamline to teach a summer session, I haven’t had time to get any up until now. Here are my thoughts from the plane ride home. _______________________ Reflections … Continue reading Reflections – Conference on Teaching Law School ADR Courses
This was too good to pass up. Enjoy. Hat tip: The Dish (Zoe Pollock)
In Dallas last week, a court overturned a $22 million (!) arbitration decision because the arbitrator had failed to disclose that he had socialized with one of the lawyers. As the Wall Street Journal law blog reported: Arbitration awards, as most litigators know, are very difficult to overturn on appeal. That’s why a Dallas appellate court’s … Continue reading Arbitrator’s Social Life Overturns Award
