As I recently mentioned, Arizona State hosted this year’s wonderful AALS ADR Section Works-in-Progress conference. In addition to hearing what veterans in our field are working on, I was especially impressed by the work of some of our newer colleagues. The conference showcased ASU’s cool new building in downtown Phoenix, where the temperature never got … Continue reading Photo Album – AALS WIP Conference 2017
Over seven years ago, I wrote about negotiations I have lost. It’s a good reminder, as we head into the end of the semester, that even professors do not get it right all of the time. As I noted: In honor of my students turning in their final Negotiation journals today and in the spirit of … Continue reading The Best Negotiation I Ever Lost–RIP Brady
As a girl scout at heart, I like to make new friends and keep the old ones. So I really enjoyed the AALS ADR Section Works-in-Progress Conference originated by Andrea Schneider and hosted this year at Arizona State under the able leadership of Art Hinshaw with assistance by Gabriel Velez and Roselle Wissler. It was … Continue reading What Is the Stone Soup(s) Project Really About?
Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum. Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject to a few restrictions such … Continue reading FINRA Seeks Comment on Non-Attorney Representation in FINRA Arbitration
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading. It should be of value to anyone interested in mediation. It also provides useful lessons about what we can learn about ADR from empirical research. Superstar ADR empirical researcher Roselle Wissler is the principal … Continue reading Lessons From the ABA’s Excellent Report on Mediator Techniques
From GFOI Tom Stipanowich: Dispute Resolution Friends, Our colleague and friend Prof. Peter Robinson recently stepped down as Managing Director of the Straus Institute after serving in administrative capacities here for 27 years; since 2006, he and I have functioned as co-directors of the Institute—surely one of the happiest and most fulfilling times in my … Continue reading Big Changes at Pepperdine
From my colleague, Amy Schmitz: This summer, I reported the news that after much study, the Consumer Financial Protection Bureau (CFPB) had issued its arbitration rule barring the use of arbitration clauses to preclude class actions with respect to financial services and contracts disputes. The rule would have prohibited banks and other consumer financial companies … Continue reading CFPB Arbitration Rule Overturned
As a sports fan and a fan of arbitration, I have followed with interest the ongoing battles between the NFLPA and the NFL over the consequences of their unusual arbitration process. It is no surprise to those who follow arbitration that the Fifth Circuit, ruled today that the NFLPA’s attempt to circumvent the parties’ agreed … Continue reading A Win for Arbitration Process, A Loss for the Cowboys and Ezekiel Elliot
Twenty years ago, Pace Law School opened the first securities arbitration clinic in the country in which students, under faculty supervision, offer free representation to investors of modest means who have disputes with their securities brokerage firms and/or individual brokers that are required to be arbitrated. The Clinic (now known as the Pace Investor Rights … Continue reading Pace Investor Rights Clinic 20th Anniversary Celebration
As they say, if two people always agree, one of them is unnecessary. It may seem odd that I advocate for more disagreements in a blog named Indisputably. But that’s exactly what I’m doing. Actually, just more good disagreements. Dying Art of Disagreement This post riffs on a column by New York Times columnist Bret Stephens, … Continue reading In Praise of (Good) Disagreements
We are looking for a new Dean. Please see the job announcement: Texas A&M University invites nominations and applications for the position of Dean of the Texas A&M University School of Law. The desired appointment date is July 1, 2018. Texas A&M University is a tier‐one research institution and American Association of Universities member. As … Continue reading Texas A&M Law is Looking for a New Dean!
Although I am not an arbitration guy, even I generally know about the US Supreme Court’s bizarre interpretation of the Federal Arbitration Act to shut people out of court. Stanford Law Professor David Freeman Engstrom wrote a useful op-ed in the New York Times explaining why three cases argued in the Supreme Court today are … Continue reading Important Employment Arbitration Cases in the Supreme Court