This past week we’ve been passing along some of the commentary on the Supreme Court’s opinion in the Stolt-Nielsen v. AnimalFeeds case, which came down last week. Below is a response that Alvin L. Goldman sent out on the list-serv in response to Kirgis’ and Sternlight’s comments. Some of the discussion suggests to me overly … Continue reading Goldman’s Take on AnimalFeeds
Here is a link to an article (in which yours truly is quoted) covering the case: http://www.businessinsurance.com/article/20100502/ISSUE01/305029980. I had a nice chat about Jackson with Professor Stephen Ware at our 20th law school reunion this past weekend. After that discussion, I am torn about predicting the outcome of this case. I think that a result … Continue reading Jackson v. Rent-a-Center West
Since we are in the midst of finals (ASU’s start on Monday), I thought I’d help demystify law professor grading techniques. You always hear rumors of how to write an exam answer for this professor or that one – make sure to focus on policy issues, simply parrot back what she said in class, he … Continue reading Understanding Law School Grading
Jean Sternlight often sends us post worthy info. Here’s her response to Kirgis’ take on Stolt-Nielsen v. AnimalFeeds. As Paul Kirgis says, Stolt-Nielsen is a fascinating case. Likely it will mean the end, almost immediately, of classwide arbitrations in all contexts. Then the big question on that front is whether courts or arbitrators will … Continue reading Sternlight on Stolt-Nielsen v. AnimalFeeds
Earlier this week Sarah gave us her take on the Supreme Court’s recent AnimalFeeds decision. Here’s another take, this one by Paul Kirgis that he recently sent out on the ADR law prof list-serv. Colleagues- I happen to be teaching class and consumer arbitration this week, a propitious moment for the Supreme Court to hand … Continue reading More on Stolt-Nielsen v. AnimalFeeds
The call for papers for this year’s Conference on Empirical Legal Studies has hit. This conference is one of the most prestigious conferences, and this year’s conference will be at Yale Law School. Good luck with your submissions. ———————– CALL FOR PAPERS FIFTH ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES at YALE LAW SCHOOL November … Continue reading Conference on Empirical Legal Studies – Call for Papers
As I mentioned in my previous post, I did plan on blogging about Jackson v. Rent-a-Center West but was side-tracked by the issuance of the Stolt-Nielsen decision. As many of you know, the question in the Jackson case is whether an agreement between a consumer and a business that sends the question of whether the … Continue reading Oral Argument in Jackson v. Rent-a-Center West
I woke up today planning to blog about the oral argument in the Rent-a-Center, West, Inc. v. Jackson case that was argued yesterday in the Supreme Court — I will get to that, but wanted to write first about a major arbitration decision the Supreme Court handed down today: Stolt-Nielsen v. Animalfeeds (http://www.supremecourt.gov/opinions/09pdf/08-1198.pdf). The Court … Continue reading Stolt-Nielsen v. Animalfeeds — Major Victory for Business
In my final ethics class last week, as we were ending the course with some discussion on how to choose law firms, balance life and work, etc, we also discussed how to deal with zinger/illegal/offensive interview questions. The problem in the book was a classic–what would you do if the partner interviewing you for a … Continue reading Job Interviews, Offensive Questions, and Effective Responses
In a decision with ramifications for employees and consumers subject to a mandatory arbitration agreement, New York’s Court of Appeals recently held that an employee challenging the enforceability of a fee-splitting provision in a pre-dispute arbitration agreement is entitled to a factual hearing to establish that her inability to pay arbitration costs precluded her from vindicating … Continue reading NY’s Highest Court Requires Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Arbitration Agreement
