The New York Times ran an article about the Metropolitan Museum of Art’s agreement about the agreement that led to the return of disputed artifacts to Italy in exchange for a system of rotating pieces on loan. Yesterday came word through Reuters that the Getty will be receiving antiquities on loan from the National Archeological … Continue reading ADR and Art Disputes
As an exercise for my ethics class, I had each student write down their top ten commandments of billing in the hope that they would both learn and have these rules in a nice, easy place to find and print once they start practice. As the Ten Commandments was on this past weekend, it seems … Continue reading The Ten Commandments (of Billing)
The Chronicle today ran an article about restorative justice programs on campuses. I paste much of the text of it below. I wonder whether many state Bars have refined their fitness questions and standards to reflect changes in the ways that campuses deal with offenses. Perhaps a good research paper for a law student?… Michael … Continue reading Restorative Justice in the Chronicle of Higher Education
Our media files, including pictures and webcasts of the presentations, is now available. Click here for access to the pictures, videotapes, and podcasts. The written products of the conference will be in the fall issue of the Marquette Law Review.
This morning NPR’s Morning Edition show aired a story on the mediation of elder care issues. Like many such stories, it discusses the basics of mediation and mentions how to find mediators in one’s area for handle such issues. Audio and print versions of the story can be found at: www.npr.org/templates/story/story.php?storyId=102972077
In 2006 American Board of Neutrals Association (ABNA) incorporated and started accepting applications for membership this January. The organization is geared towards those who have graduate degrees – masters, doctoral, LLM – in the field of Negotiations and Conflict/Alternative Dispute Resolution/Peace Studies. The ABNA’s web site indicates that it is quite an ambitious organization. … Continue reading Birth of a New ADR Organization
At our International Media & Conflict Conference in March, Professor Lisa Laplante discussed the use of blogs in tracking transitional justice efforts and, in particular, her blog on the Fujimori trial in Peru. The blog is a unique bilingual effort to keep the world apprised of this trial. Yesterday, the Peruvian court announced their guilty verdict–the … Continue reading Fujimori, Blogs, and Transitional Justice
As those of you who follow arbitration know, 14 Penn Plaza v. Pyett raised the age-old question whether a union can waive an individual employee’s right to bring a statutory claim in court by mandating that statutory claims be arbitrated through a clause negotiated in a collective bargaining agreement (“CBA”). The issue was initially resolved … Continue reading Pyett Analysis — Unions can waive but what is clear and unmistakable?
The US Supreme Court today held that a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law. The Court did not overrule Gardner-Denver; rather, it distinguished it. The decision was 5-4 with Thomas writing the majority opinion. Here is the cite: http://www.supremecourtus.gov/opinions/08pdf/07-581.pdf I … Continue reading Pyett Decided Today — Union can waive rights
Columnists in both the New York Times and Newsweek in the last few weeks have discussed how often we tend to be persuaded by people who are just plain wrong. And, as a follow up to our media and conflict resolution conference last week, it was interested to realize what part the media plays in helping … Continue reading Fame v. Accuracy in Persuasion
