House Passes Bill to End Mandatory Arbitration of Sexual Harassment And Assault Claims

February 7, 2022 Jill Gross Leave a comment

From BFOI Brian Farkas (Cardozo): Some breaking news tonight from the House of Representatives: H.R. 4445 has just passed, a bill that would amend the FAA to prohibit the mandatory arbitration of sexual harassment and assault claims: Here’s the bill: https://www.congress.gov/bill/117th-congress/house-bill/4445 And some description: https://thehill.com/homenews/house/593206-house-passes-bill-to-end-forced-arbitration-in-sexual-misconduct-cases It appears this will be heading towards passage in the Senate shortly … Continue reading House Passes Bill to End Mandatory Arbitration of Sexual Harassment And Assault Claims →

Indisputably in the Library of Congress

February 7, 2022 John Lande Leave a comment

We, at Indisputably, recently received the following unsolicited email: The United States Library of Congress has selected your website for inclusion in the historic collection of Internet materials related to the Legal Blawgs Web Archive. We consider your website to be an important part of this collection and the historical record. The Library of Congress … Continue reading Indisputably in the Library of Congress →

OSU-SLS-HNMCP Symposium Series: Rethinking Systems Design for Racial Justice & Equity

February 2, 2022 Sarah Cole Leave a comment

The Ohio State Journal on Dispute Resolution, in partnership with The Ohio State University Divided Community Project, the Harvard Negotiation and Mediation Clinical Program, and Stanford Law School’s Gould Center for Conflict Resolution, is pleased to invite you to join an interactive symposium series, Rethinking Systems Design for Racial Justice & Equity. This three-part series … Continue reading OSU-SLS-HNMCP Symposium Series: Rethinking Systems Design for Racial Justice & Equity →

ABA Program on Developing ADR Practitioners and Leaders

February 1, 2022 Hiro Aragaki Leave a comment

There have been many conversations of late about the future of our field, including about how to diversify our constituents and help new practitioners transition into an ADR career. I am excited to be participating in a program on this subject tomorrow, Feb. 2, 2022, at 1 p.m. ET. For those interested, a description of … Continue reading ABA Program on Developing ADR Practitioners and Leaders →

Cohen on the Death of ADR

February 1, 2022 Jen Reynolds Leave a comment

Amy Cohen (Temple/UNSW) is publishing “The Rise and Fall and Rise Again of Informal Justice and the Death of ADR” in the Connecticut Law Review, available on SSRN. The abstract: Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient … Continue reading Cohen on the Death of ADR →

Farkas on the Transition from Ginsburg to Barrett

January 31, 2022 Jen Reynolds Leave a comment

From our wonderful FOI Brian Farkas (Cardozo): U.S. Supreme Court appointments are back in the headlines, making this a perfect week for the Cardozo Law Review to publish its special Appointments Issue on the transition from Justice Ruth Bader Ginsburg to Justice Amy Coney Barrett. The full issue is available here. Articles include perspectives on … Continue reading Farkas on the Transition from Ginsburg to Barrett →

Which is Better: To Be Strong or Smart?

January 30, 2022 John Lande Leave a comment

This post is prompted by an article by Washington Post columnist Paul Waldman, We’re Still Asking the Wrong Question about Biden and Ukraine. He writes: For once, can we confront a foreign policy challenge without obsession over whether the president is being “weak” or “strong”? … In any foreign policy challenge, understanding what goes into … Continue reading Which is Better: To Be Strong or Smart? →

Humble Listening on the Bench

January 27, 2022 John Lande 1 Comment

This post provides excerpts from an op-ed by Neal Katyal, one of Supreme Court Justice Stephen Breyer’s former clerks. Mr. Katyal describes Justice Breyer’s humility, recognition of his own biases, and openness to considering others’ points of view. There was, in short, a constitutional humility about Breyer. He didn’t pretend to know the answer to every … Continue reading Humble Listening on the Bench →

The Continuing Cold War

January 26, 2022 John Lande 2 Comments

Formally, the Cold War began in 1945 and ended in 1991 with the dissolution of the Soviet Union. In fact, its roots began long before 1945 and its effects still reverberate today. Newspaper headlines illustrate how the Cold War is becoming more overt as Russia threatens Ukraine and other neighboring countries, and China threatens Taiwan … Continue reading The Continuing Cold War →

Justice Kavanaugh’s Good Analysis of Confidentiality

January 24, 2022 John Lande 2 Comments

On January 19, the Supreme Court rejected former President Trump’s request to block release of some of his White House records to the Congressional January 6 Committee. In an 8-1 decision, the Supreme Court upheld the Court of Appeals’s decision authorizing release of the documents. The Court of Appeals ruled that the right to waive … Continue reading Justice Kavanaugh’s Good Analysis of Confidentiality →