NLRB Class Action Waiver Case to be Heard by the Supreme Court

Hot off the presses: The U.S. Supreme Court today agreed to consider whether the National Labor Relations Board is correct in its interpretation that arbitration agreements are illegal under federal labor law if they contain class action waivers, setting the stage for an issue that has divided various circuit courts. This is a topic of … Continue reading NLRB Class Action Waiver Case to be Heard by the Supreme Court

Building Common Ground Between Bubbles – Part 5

On January 10, President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries. Although some people obviously disagree with President Obama politically, hopefully most people would agree with the following ideas.  As I wrote previously, understanding and empathizing with others does not mean that … Continue reading Building Common Ground Between Bubbles – Part 5

Zimmerman & Jaros: Judging Aggregate Settlement

Adam Zimmerman (Loyola) and David Jaros (Baltimore) have a new piece  forthcoming in the Wash. U. Law Review entitled Judging Aggregate Settlement.  It explores the rise of mass settlements across civil, administrative, and criminal law and their impact on the role of the federal judiciary.  Here’s the abstract: While courts historically have taken a hands-off … Continue reading Zimmerman & Jaros: Judging Aggregate Settlement

Van Loo on the Corporation as Courthouse

Rory Van Loo (Boston University) has published “The Corporation as Courthouse” in the Yale Journal on Regulation, available here. I read an early version of this article; it’s fascinating. The abstract: Despite the considerable attention paid to mandatory arbitration, few consumer disputes ever reach arbitration. By contrast, institutions such as Apple’s customer service department handle … Continue reading Van Loo on the Corporation as Courthouse

Documents for the Cool Course Assignment

Last month, I wrote a post encouraging you to consider using  a cool assignment in your courses in which students would interview lawyers about an actual negotiation or other matter. This assignment has several benefits.  First, it gives students experience learning about actual negotiations that lawyers have conducted, advancing the goal of preparing students for real-world … Continue reading Documents for the Cool Course Assignment

AALS ADR Section’s Smooth and Tweetless Transition of Leadership

Unlike other transitions taking place across the country these days, I am pleased to report that the AALS ADR Section has successfully, peacefully and without tweet transitioned its leadership from fellow blogger and Academic Dean Cynthia Alkon (Texas A&M) to me (Jill Gross, Pace).  On behalf of the Section, thank you Cynthia for your service … Continue reading AALS ADR Section’s Smooth and Tweetless Transition of Leadership