Daniel Schwarcz of the University of Minnesota recently posted an article to SSRN entitled, “Toward a New Approach to Resolving Consumer Insurance Disputes.” Schwarcz’s background is entirely in Insurance Law, and he is a self-confessed newcomer to ADR. He asked that I post a link to his article, with the hopes that he’ll receive feedback … Continue reading ADR in Insurance Claims – Possible Lesson from the UK?
I am linking here to a terrific post by Amos Guiora and Martha Minow about the exchange that happened last week between Israel and Hizbollah. They note two very important negotiation issues ongoing in the exchange of five convicted–and live terrorists–for two bodies of Israeli soldiers. One is the ongoing Israeli commitment to leave no Israeli soldier … Continue reading Negotiating with Terrorists–What is the Correct Exchange Rate?
As posted on the Contracts Law Prof Blog this past Monday, a Missouri Court of Appeals held that Hallmark’s ADR program was not a contract that could bind an employee to mandatory ADR. As Professor Meredith Miller wrote, “Mary Kay Morrow began employment with Hallmark in 1982. In 2002, the company adopted an ADR program. … Continue reading Perhaps a Chink in the Arbitration Armor?
As reported on the Wall Street Journal law blog on July 16th, a Covington partner demonstrated strip searches endured by his clients at Guantanamo Bay by dropping his own pants at a press conference in Yemen. This is truly taking empathy to another level! Also interesting are the follow-up comments on the blog condemning or … Continue reading Empathy with your Gitmo Client
On a more serious note this week concerning Belgium, the Prime Minister has tendered his resignation to King Albert II. To play out this scenario yourself, you can “Play the News” at Impact Games regarding Belgium. Whether the Belgians will face another 9 months of constitutional stalemate is an interesting dilemma. By the way, still … Continue reading Belgian Schism–Not so Funny
The Institute of Legal Reform, an arm of the U.S. Chamber of Commerce, released a study today that offers further evidence that arbitration can be beneficial to consumers in their disputes with businesses. According to the report, at www.instituteforlegalreform.com/media/pressreleases/20080715.cfm, consumers fare better in arbitration than in litigation: “The new analysis, conducted by Navigant Consulting, looked … Continue reading Latest Empirical Study Supports Use of Consumer Arbitration
So I am linking to this clip from last night because it is hilarious–seriously crying funny. The pedagogical link would be that nationalism can show itself in many ways and, clearly for Colbert, the imminent purchase of Budweiser by a Belgian company was too much to take. On a more serious note, I wonder if … Continue reading Colbert on Belgium & Nationalism
Richard Shell has asked me to post this job opening at the Legal Studies department at Wharton. They remain very interested in hiring someone from the negotiation and DR community and have attracted law professors in the past. THE WHARTON SCHOOL OF THE UNIVERSITY OF PENNSYLVANIA FACULTY POSITION IN LAW The Legal Studies and Business … Continue reading Wharton Legal Studies Job
UC-Irvine is in the process of creating the first new public law school in California in several decades, and the formation of its faculty had been, for some time, the subject of considerable gossip within the legal academy. (If this doesn’t strike you as gossip-worthy, you obviously don’t spend your days inside the walls of … Continue reading UC-Irvine’s New Law Faculty
Have you written a will? Do you have a list (and pictures) of insurable items in your home? Probably not if you are typical. We don’t like to think about negative future events and so we avoid planning for them. Of course, that doesn’t actually solve the problem. Last weekend, I served on a panel … Continue reading Anticipating the Worst
