The U.S. Supreme Court’s Hall Street opinion in March 2008 made clear that the Court believes that the FAA does not provide a basis for parties to expand contractually the scope of judicial reviews of arbitral awards. But the Court specifically left open the possibility that state statutory or common law might provide a basis … Continue reading Has California Answered Hall Street’s Invitation Already?
This summer I read the book, Elements of Persuasion by Richard Maxwell & Robert Dickson. I’ll be blogging about other fascinating parts of the book but today, in honor of Harley Davidson’s 105th anniversary which was celebrated last weekend (with thousands of Harley riders in town including up and down the main street in front … Continue reading Persuasion through Harley Davidson
Consider this note to be a last second reminder that the deadline for submitting a presentation proposal for the ABA Dispute Resolution Conference in New York City in April is looming. Originally the submission deadline was tomorrow September 5th, but it has been extended to Thursday September 11th. To make a submission go to … Continue reading ABA Dispute Resolution Conference Proposals
If you are a regular reader of this blog, you may have noticed a new name listed in the contributors column on the left hand portion of the screen. My name is Art Hinshaw and I’m a Clinical Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University where I act … Continue reading An Introduction . . . .
In line with Michael’s previous post on jobs, let me also link to Emily Menn’s list of Jobs in Dispute Resolution. Emily, who is one of Marquette’s grads in Dispute Resolution and now the Director of Education and Professional Development for the New York State DR Association, runs a listserve for those interested in either posting … Continue reading More ADR Jobs
I haven’t seen a copy of this year’s AALS Recruitment Bulletin, so I’m not sure how many law schools have specifically advertised that they are hiring in ADR this season. The University of Oregon School of Law is looking to add a tenure-track ADR faculty member this year. (The official ad appears at the end … Continue reading Hiring New ADR Faculty ?
Apparently, law students at NYU were negotiating this fall–using Starbucks, money, and cookies–to get into certain law school classes. Clearly, this is a fantasy for law professors “My class is so popular that one student baked 3 dozen brownies to get in!” but a nightmare for students. As the New York Post wrote, NYU operated without a waitlist … Continue reading Negotiating for Law School Classes
On SSRN, Chris Drahozal and Quentin Wittrock posted an article analyzing whether franchisors are moving away from mandatory arbitration. Their abstract states: Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or … Continue reading Is there a flight from arbitration?
I just commented on a case from an Ohio Appellate Court where, according to adrworld.com, “the court ruled that a party’s consent to arbitrate an employment discrimination claim through the filing of a counterclaim that was later dismissed did not constitute a waiver of that party’s right to bring the same action in court where … Continue reading Cercone v. Merrill Lynch (Ohio Appellate Court)
The International Institute for Conflict Prevention & Resolution (CPR Institute) has announced its Corporate Leadership prize for 2008, and it’s going to Microsoft and Brad Smith, Microsoft’s General Counsel. The press release mentions Microsoft’s highly visible encounter with ADR in the context of the US v Microsoft antitrust litigation. I don’t have enough familiarity with … Continue reading CPR Prize to Microsoft
