My great friend and former colleague, Barbara Black (Cincinatti), is attending the 15th Institute of Law and Economic Policy (ILEP) conference in Scottsdale, Arizona on “Recoveries for Victims of Securities Fraud.” While she blogged generally about the conference here, she reported to me privately that Elisse Walter, the keynote speaker and a current Commissioner of … Continue reading An SEC Commissioner opposes mandatory arbitration
I am very pleased to join Indisputably as a guest blogger for the next few weeks. I have been writing about the fairness of arbitration, primarily securities arbitration, for the past few years. At Pace Law School, I have been teaching a Mediation & Arbitration survey course for the past few years. When I cover the … Continue reading Consumer arbitration clauses
The Searle Civil Justice Institute recently added further evidence to inform the ongoing debate about the benefits and drawbacks of consumer arbitration. The March 2009 preliminary report, which reviewed 301 consumer arbitration cases administered by AAA, makes a number of findings: “The upfront cost of arbitration for consumer claimants in cases administered by the AAA … Continue reading Searle Civil Justice Institute Finds Consumer Arbitration Fair
If negotiation professors ever need to argue to their students that their negotiation scenarios are realistic, here is a nice article to share. A few weeks ago, the Wall Street Journal covered the story of Ronaldo, the Brazilian soccer star, who is interested in making a comeback. The truth is remarkably similar to the case of Diega Primadonna, … Continue reading Sally Soprano/Diego Primadonna for Real
The US News rankings are out, and as usual, they are controversial. In the overall law school rankings, their methodology is questionable as all kinds of factors are counted and law schools have (shocker) learned how to game the system. In the specialty rankings, my understanding is that the rankings are based purely on reputational … Continue reading 2009 US News Rankings – Dispute Resolution Edition
In a very interesting decision by the Wisconsin Court of Appeals last week, the Court upheld an arbitration award against the large household goods store Menard’s for employment discrimination against, wait for it, its own in-house lawyer. As reported in the Milwaukee Journal Sentinel, Menard Inc. must reinstate a woman it fired as vice president … Continue reading Wisconsin Court Affirms Arbitration Award of Reinstatement
Hi–I’ve copied the announcement for the ABA’s annual law student writing competition in Dispute Resolution. Please encourage all of your students to apply! James Boskey ADR Writing Competition First Prize: $1000 to the Competition winner and an invitation to publish in Penn State’s Dickinson School of Law’s Yearbook On Arbitration and Mediation The essay may … Continue reading Boskey Writing Competition
Congratulations to Faith Alejandro and Paul Falabella from the the University of Richmond School of Law for winning the National Championship in the ABA Representation in Mediation Competition. This year’s field of competitors at the National Round was outstanding and very closely matched, which was typified by the scoring of the judges in the final … Continue reading University of Richmond – National Champs !!
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)
