There are many unforseen consequences of the writer’s strike, not the least of which is that my law students are watching American Gladiators. (Maybe they would do this anyway but I am clinging to the hope that, faced with choices, they would not.) When is the writer’s strike going to end? Is this strike, like the … Continue reading The Writer’s Guild Strike and American Gladiators
Well, I have finally recovered from the odyssey that it took to get home from New York two weeks ago and I thought it might be fun to start a conversation about what types of negotiation strategies and techniques work when your airport closes down. First, let me briefly encapsulate our trip. Seven professors on … Continue reading Negotiating Plane Rides (and getting home from AALS)
The ABA has just released promotional materials about an upcoming CLE program with the title “Deal Mediation: A New Use for an Old Friend.” I have at least four reactions: 1. It’s nice to hear the ABA refer to Mediation as an “old friend.” 2. It’s not clear to me that Deal Mediation is all … Continue reading Deal Mediation
A terrific symposium will occur tomorrow at the Moritz College of Law. You can watch a live webcast of the symposium at http://moritzlaw.osu.edu/jdr/symposium.html. Speakers include Cathy Costantino, Judge Wayne Brazil, Lisa Bingham, David Lipsky, Dale Hetzler, John Lande and Francis McGovern. The Second Generation of Dispute System Design: Reoccurring Problems and Potential Solutions January 24, … Continue reading Ohio State Journal on Dispute Resolution Symposium on Dispute Systems Design Tomorrow
Last Monday, January 14th, the United States Supreme Court heard oral argument in the Preston v. Ferrer case. This case raises the question whether the Federal Arbitration Act preempts the California Talent Agencies Act. Preston involves a dispute between a purported talent agent and his client, Alex Ferrer, over fees. “Judge Alex”, as he is … Continue reading Oral Argument in Preston v. Ferrer
The President and I actually have something in common–we are both rooting for peace in the Middle East before the end of his term! He, no doubt, has a whole host of reasons, not the least of the which would be managing to salvage some foreign policy success to help his legacy. I find it … Continue reading Peace in the New Year
In his blog Mediator Blah…Blah, mediator (and barrister) Geoff Sharp posted an entry last month about an incident that occurred at a holiday party thrown by one of his clients. Among the blog responses he received was a suggestion that he ought not to have been attending a holiday party offered by a former client … Continue reading The Ethics of Mediators Who Party
Professor Alan Rau sent me the following announcement about an upcoming conference on arbitration: What Can the Arbitrator Do? Remedies in Commercial, Investment and Energy Arbitrations’ April 17-18, 2008 St. Regis Hotel Houston, Texas Presented by The Permanent Court of Arbitration, The Hague The Houston International Arbitration Club, Inc. The University of Texas School of … Continue reading Arbitration Conference at University of Texas School of Law
Practical Ethics for Mediators in 2008? No, this is neither a prediction nor a demand. Rather, it is a new year’s wish on my part. A book with a title something roughly like that is slated to appear this coming year, I believe. And I look forward to it greatly. Conceived and edited by Professor … Continue reading Practical Ethics for Mediators in 2008?
With the two new Supreme Court decisions handed down at the beginning of last week regarding judicial discretion in federal sentencing and the federal sentencing commission allowing retroactivity on some of the sentences regarding crack cocaine, it appears that the pendulum may start swinging back in favor of allowing more judicial control over sentencing. Until … Continue reading Plea Bargaining in the Shadow of the Law Revisited
