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
So, in an attempt to avoid more grading (as Michael wrote about so eloquently last week), I was thinking about better ways of assessing progress in ADR classes. I, for one, still don’t think that I have quite figured out the successful way to test law students. I also think students know this. I give … Continue reading Negotiating Your Grades
The agency literature is filled with discussions of how best to structure compensation systems to promote the right incentives for people we hire to do things on our behalf. Embedded in most of it is an assumption that we can tell when someone is doing a good job. That’s not a bold assumption when I … Continue reading Evaluating Agents, Attorneys, Arbitrators, Mediators (and Students)
Sheldon Larky, a full-time family law mediator from Michigan, visited the Moritz College of Law to speak to our students about mediation advocacy and negotiation tactics. Sheldon was a delightful speaker who offered some interesting insights. Chief among those were that one should never negotiate at one’s own office. If a lawyer chooses to negotiate … Continue reading Negotiation Techniques
