Discover Bank v. Vaden will have oral arguments today — this case will address: 1. Whether a suit seeking to enforce a state-law arbitration obligation brought under Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, “aris[es] under” federal law, when the petition to compel itself raises no federal question but the dispute … Continue reading Penn Plaza to be argued 12/1; Vaden to be argued today!
The University of Texas has received a $500 Million pledge from Moncrief Oil, but as the Chrolincle of Higher Education reports it, the gift is conditional on Moncrief prevailing in pending litigation over the ownership of a Russian gas field. The conditional gift raises a number of interesting questions. For example, Rob Recih of Stanford’s … Continue reading $500 Million Gift Pledge (… if I win this lawsuit…)
In anticipation of tonight’s debate between the vice-presidential candidates Sarah Palin and Joe Biden, much has already been written about the Palin Effect and what impact nominating Sarah Palin has had on the McCain campaign. At first, many commentators thought that her nomination would convince former Hillary Clinton supporters to switch parties and vote Republican. It’s … Continue reading The Mythical Palin Effect–Women Focus on the Message rather than the Messenger
In an earlier post, I mentioned that my colleagues at Ohio State are working on a new form of ADR — Election ADR or EL-ADR. Readers may be interested to know about an Oct. 20 (at 10:00 a.m.) event co-sponsored by Election Law @ Moritz, the AEI-Brookings Election Reform Project, and Georgetown’s Supreme Court Institute. … Continue reading Upcoming Election ADR Event
The comic strip Non Sequitur has had several good mediation related cartoons, and this one from last week continues that tradition. Enjoy.
Two interesting things happened this weekend that led me to think a bit about sports, the need for identity, and conflict. Part One: As we are on our way this weekend to a baseball game between the Nationals and Padres (neither of which is a particularly important team to my Brewers-Mets-Pirates family), my three … Continue reading Sports Identity (and Why I Have to Take Down my Steelers Banner)
Like many of you, I’ve been following the current financial crisis and the discussions of the $700 billion to $1 trillion bailout proposed by the Bush administration. I don’t claim to be an expert in the matters of finance and Wall Street, and I hope those who are knowledgeable on these issues will be able … Continue reading The Proposed Bailout as a Negotiation Lesson
is the title of a great book by Gregory Levey that I read this summer about his surprising journey from law school to speechwriter for the Prime Minister of Israel. Levey is a Canadian who, after surviving his first year of law school at an unnamed New York law school decided that he needed a break … Continue reading Shut Up, I’m Talking!
With the start of the new year, I made a resolution that I would do a better job of keeping up on other law blogs out there, particularly those on dispute resolution. I have actually set up RSS feeds and am reading, if not daily, at least regularly some of what is posted on other … Continue reading The DR Blogosphere
On Friday I had the opportunity to hear U.S. Magistrate Judge Wayne D. Brazil deliver the James D. Ellis Lecture at the University of Missouri School of Law. Judge Brazil is well known in ADR circles as one of the (if not the) most pro-ADR jurists in the country. His talk was an interesting retrospective of … Continue reading Judge Wayne D. Brazil’s Comments on Court-Connected ADR
