The Daily Labor Report notes that Senators Al Franken and Mary Landrieu proposed legislation designed to address some of the issues raised by the Jamie Leigh Jones case. That case, discussed in one of my earlier posts, addressed the question whether an employee of Halliburton could be required to arbitrate her rape claims as well … Continue reading Proposed Legislation Designed to Avoid Arbitration of Tort Claims
Just learned about a blog, written by Adrienne Carlson, that has links to a number of devices to be used in the classroom. It looks like some of them would be useful for teaching dispute resolution. See http://www.accreditedonlineuniversities.com/100-best-open-source-apps-for-educators/ (look at CoFFEE and Mando, in particular).
Please join me in welcoming Professor Paul F. Kirgis from St.John’s University as a guest blogger here on Indisputably. As you may recall, St.John’s recently hosted a symposium entitled: ADR Meets Bankruptcy: Cross Purposes or Cross Pollination? (For more info on the conference, go here.) According to Paul, the presentations were eye-opening, and we’ve asked … Continue reading Welcome Guest Blogger Paul F. Kirgis
On Friday October 9th our good friends at the University of Missouri have a symposium entitled the Creeping Legalism of Labor Arbitration. There’s been a lot of discussion recently about whether arbitration is the new litigation, and this program will take that concept a step further. The line up of speakers is very good, which … Continue reading The Creeping Legalism of Labor Arbitration
Two recent articles have been published regarding the evolving circuit split as to whether the “manifest disregard of the law” standard of review of arbitration awards survives the Supreme Court’s 2008 decision in Hall Street. Each article offers a different framework in which to analyze Hall Street and its impact on the manifest disregard standard of vacatur, … Continue reading Resolving the circuit split over manifest disregard
On November 6th our friends at Fordham will be hosting their annual dispute resolution forum, this one on the intersection between culture and disputing processes. Professor Oscar Chase from the NYU Law School will be the keynote speaker and will be followed by an excellent panel of discussants. For more information, including registration information, go … Continue reading The Relationship between Culture and Disputing Processes
After enduring decades of TV shows about litigators, prosecutors, defenders and judges, we can look forward to viewing a new TV series that USA Network is poised to launch about a divorced lawyer turned mediator, according to this article in The Hollywood Reporter. It remains to be seen, however, whether the show will portray mediators fairly and accurately. … Continue reading Finally, a TV show about a mediator…
Referring to mandatory, binding arbitration, one of my Civil Procedure students just forwarded the following link to me: http://consumerist.com/5148154/mandatory-binding-arbitration-the-worst-choose-your-own-adventure-ever As a kid, my favorite Choose-Your-Own-Adventure book (I forget its name) was one in which the only way to get to the happy place was to completely disregard the rules and just turn to that page. … Continue reading The Worst Choose-Your-Own-Adventure Ever ?
Last week, we were privileged to hear Professor Michael Klarman speak on Why Brown v. Board of Education Was a Hard Case. This was one of the most enjoyable and interesting talks I have heard in a long time–I highly recommend it and you can click here to get the webcast. My guess is that this … Continue reading Brown v. Board of Education as a Disputing Process Lesson
The winners of the ABA’s 2009 Boskey Dispute Resolution Essay Competition for Law Students were recently announced, and awards the winners are [drum roll please]: First prize went to Andrea Yang from the Georgetown University Law Center for her paper entitled Ethics Codes for Mediator Conduct: Necessary But Still Insufficient. Honorable Mention was awarded to … Continue reading Boeskey Competition Winners Announced
