Negotiating for Law School Classes

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

Is there a flight from arbitration?

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?

The New York Times: “Study Finds Settling is Better than Going to Trial”

Of course, headline writers invariably overstate what the subsequent article actually says.  The NYT Business Section ran an article by this title last week, and the headline-to-content mismatch is no more egregious than is probably typical for such articles. The newspaper article describes a soon-to-be published empirical study of settlement behavior, the conclusion of which, … Continue reading The New York Times: “Study Finds Settling is Better than Going to Trial”

Pyett Files Brief in Supreme Court Arbitration Case

The Respondents in the Pyett v. 14 Penn Plaza case, to be argued in the United States Supreme Court this fall, filed their brief this week. http://www.adrworld.com/si.asp?id=2498 Pyett’s argument is based primarily on a belief that Gardner-Denver, is still good law. According to respondents, “This Court’s holding in Alexander v. Gardner-Denver-Co., 415 U.S. 36 (1974), … Continue reading Pyett Files Brief in Supreme Court Arbitration Case

ADR in Insurance Claims – Possible Lesson from the UK?

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?

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