Restorative Justice in Texas and Beyond

This week academics and practitioners will join together at the 2nd National Conference on Restorative Justice:  “Mainstreaming Restorative Justice: Empowering Communities, Restoring Responsibility” at the University of Texas at San Antonio, on May 13-15, 2009. According to the website:  “The National Conference on Restorative Justice will feature four primary program tracks.  These tracks are: Academic and Research, Faith and … Continue reading Restorative Justice in Texas and Beyond →

Ohio Supreme Court Rules that Nursing Home Arbitration Agreement is Enforceable

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Yesterday, the Ohio Supreme Court ruled that an arbitration agreement contained in a nursing home contract is enforceable because the 95 year old signatory, Hayes, voluntarily signed it and her signature was not a precondition to her admission to the nursing home. The case, Hayes v. Oakridge Home, Slip Opinion No. 2009-Ohio-2054, focused on whether … Continue reading Ohio Supreme Court Rules that Nursing Home Arbitration Agreement is Enforceable →

Supreme Court decides appealability under FAA

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Earlier this week, the Supreme Court, in a 6-3 decision, resolved a circuit split involving the Federal Arbitration Act.  In Arthur Andersen LLP v. Carlisle, 2009 WL 1174853 (May 4, 2009), the Court interpreted section 16(a)(1)(A) of the Federal Arbitration Act, which provides a right to interlocutory appeal from “an order … refusing a stay of any action … Continue reading Supreme Court decides appealability under FAA →

Arbitration Fairness Act of 2009 – Senate version

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Last week, during the April 29 observance of “Arbitration Fairness Day,” Senator Russell Feingold introduced into the Senate the Arbitration Fairness Act of 2009 (s. 931).  Senator Feingold’s website announcement states: The bill would make pre-dispute agreements requiring arbitration for any employment, consumer, franchise, or civil rights disputes unenforceable.  The bill does not prohibit arbitration, but rather prevents … Continue reading Arbitration Fairness Act of 2009 – Senate version →

You’ve Got @greement–Email Negotiation Advice

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This past semester, my students participated in an email negotiation with students from Hastings & Boalt law schools which turned out to be quite interesting for them and for me reading their journals afterwards.  It is always lovely to write an article–it’s even nicer to see that what you write might actually be happening in reality as … Continue reading You’ve Got @greement–Email Negotiation Advice →