The trial of Paul Manafort, which is scheduled to begin tomorrow, is a good illustration of an important value of trials. A decade ago, there was a flurry of academic activity following the publication of Prof. Marc Galanter’s detailed 2004 study entitled, The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State … Continue reading In Praise of a Trial
Ben Trachtenberg, one of the sharpest faculty at my school, wrote this outstanding article analyzing what went wrong during the highly-publicized controversies at the University of Missouri in 2015. Having lived through this painful conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things … Continue reading A Case Study of Murphy’s Law in Missouri
President Trump is scheduled to have a summit meeting with Russian President Putin on Monday. The timing of this meeting right after the indictment of 12 Russian intelligence officials demonstrates the bizarre political situation we are in. Mr. Trump seeks a close relationship with a foreign leader whose top spies systematically interfered in our elections … Continue reading How Should ADR Folks Participate in a Grand Real-Time Negotiation?
Grande Lum, former director of the Community Relations Service (CRS), just published an important article in The Hill newspaper urging Congress to maintain independent funding for the agency. “Historically, CRS has played a significant role in facilitating dialogue, developing constructive relationships, and reducing the possibility of violence. Its mediators and conciliators played a key role … Continue reading Grande Lum’s Article Criticizing Proposal to Effectively Eliminate the Community Relations Service
From BFOI Brian Jarrett: Hello Folks, Our Eighth Annual International Cyber-conference will soon be here. Wednesday April 11 at Noon to 2:30 pm (Pacific time). Be sure to adjust for your local time and place on the globe. As usual, we expect a large number of universities and community organizations participating in the conference. (We … Continue reading Cyber Conference on Dispute Resolution on Veterans for Peace – April 11
I had the good fortune to be one of Marc Galanter’s students when I was in graduate school. As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship. I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism
In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct. Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so. In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers
Missouri’s Center for the Study of Dispute Resolution recently held our annual symposium in coordination with our Journal of Dispute Resolution. The symposium, entitled “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes,” was organized by Professors Bob Jerry and Chris Wells. They specialize, respectively, in insurance law and … Continue reading Missouri Symposium on Managing Disputes About Speech on Campus
This post provides photos from Missouri’s latest annual symposium, “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes.” Click here for a description of my photo album process. Dean Lyrissa Lidsky and Bob Jerry Bob Jerry and CSDR Director Rafael Gely Lisa Amsler, Dean Jennifer Brown, Grande Lum Grande Lum, … Continue reading Photo Album – Missouri Symposium on Disputes About Speech on Campus
From my colleague, Amy Schmitz: This summer, I reported the news that after much study, the Consumer Financial Protection Bureau (CFPB) had issued its arbitration rule barring the use of arbitration clauses to preclude class actions with respect to financial services and contracts disputes. The rule would have prohibited banks and other consumer financial companies … Continue reading CFPB Arbitration Rule Overturned
