St. John’s is seeking participants for a conference on international employment dispute resolution next summer at Cambridge University, Cambridge, England. The conference is called “Worlds of Work: Employment Dispute Resolution Systems Across the Globe,” and will be held on July 20-23, 2011. It is hosted by our Center for Labor & Employment Law in conjunction with … Continue reading Call for Participation: Cambridge 2011
Last week, the Second Circuit Court of Appeals affirmed the denial of FINRA arbitration to a customer of a broker-dealer on the grounds of waiver. In Louisiana Stadium Exposition District v. Merrill Lynch, 10-889-CV (Nov. 22, 2010), the Court affirmed a district court’s order denying a motion to compel arbitration on the grounds that the … Continue reading Second Circuit affirms denial of motion to compel FINRA arbitration on grounds of waiver
In an editorial today, the New York Times discussed the recently argued case before the US Supreme Court, AT&T v. Concepcion. We’ve had lots of commentary on the case on this blog (see Sternlight here , Cunningham here, and the Daily Labor Report here), and my prediction is that Concepcion wins because the California law in … Continue reading NYT weighs in on Concepcion
We commonly think this about our counterparts in conflicts. Unfortunately the statistics about mental illness in the USA are such that we may not be wrong. A study just released by the Substance and Mental Health Service Administration states that nearly 20% of adult Americans “experienced mental illness in the last year.” Of that number … Continue reading “But He is Crazy!”
Over on the Concurring Opinions blog Lawrence Cunningham from GW has been following the Supreme Court’s arbitration jurisprudence for some time. You can find his thorough analysis on the issues and arguments in AT&T v. Concepcion here. An excerpt is below. The principal theme of questioning probed how the Justices could tell if a state’s judges comply … Continue reading More on AT&T v. Concepcion
Bill Henderson (Indiana Law) consistently produces top-quality empirical work on the legal academy and the legal profession. In a recent piece in the National Jurist, he describes research he and others have done into what makes a successful lawyer and predicts that the model in which increasingly large law firms hire exclusively from the top … Continue reading Bill Henderson on What Makes a Successful Lawyer
The New York Times has a wonderful obituary of Theodore W. Kheel, labor mediator and arbitrator extraordinaire. In today’s lexicon you might say he was the Kenneth Feinberg of his day (1950s – 1980s) as Mr. Kheel was involved in many high profile labor disputes. What mediator wouldn’t love to have this description in their obit: In a … Continue reading Theodore W. Kheel, 1914 – 2010
On Veteran’s Day last week, the Chief Justice of the Pennsylvania Supreme Court wrote an Op-Ed in the New York Times suggesting that a special court for veterans, modeled on drug courts, should be adoped across the country. It sounds like a wonderful and compassionate idea. Justice Castile, himself a veteran, described the program started … Continue reading Veterans Court
The New York State Bar Association finds itself in the forefront of the debate over the expanding role of ADR this week after it decided to table a proposal that would require lawyers to notify their clients of mediation as an alternative to litigation. The proposal was supported by the Bar Association’s Dispute Resolution Section, … Continue reading NYSBA Proposal for Mandatory Mediation Notice—And Resistance to It
Governor-elect John Kasich, in one of his first speeches following the election, singled out as problematic Ohio’s approach to the resolution of collective bargaining disputes for public sector employers and employees. Ohio, through its State Employment Relations Board (SERB), attempts to mediate collective bargaining impasses. If negotiations and mediation fail, a fact-finder is appointed. The … Continue reading End to Fact-finding and Conciliation for Public Sector Employees in Ohio?
