All posts by Art Hinshaw

The Next California Arbitration Case to Go to the Supreme Court?

The LA Times is reporting that Uber has lost its bid for arbitration in a suit brought by its drivers.  According to the article, a federal judge in San Francisco found that the arbitration clauses in the 2013 and 2014 Uber contracts with its drivers unenforceable because they  “are both procedurally and substantively unconscionable.”  The … Continue reading The Next California Arbitration Case to Go to the Supreme Court?

Zimmerman on Sternlight’s Article III and Arbitration Post

Adam Zimmerman (Loyola LA), a rising star in our field, is guest blogging over at Prawfs this month and he has a thoughtful take on Jean’s recent post on the recent Wellness Int’l v. Sharif case discussing the constitutionality of Bankruptcy and US Magistrate Judges.  Adam has some other posts of interests there, notably about … Continue reading Zimmerman on Sternlight’s Article III and Arbitration Post

Sternlight – Asking Tough Questions About Mandatory Arbitration and Article III

Our good friend Jean Sternlight (UNLV) sends along her opinions on Sharif, one of last week’s Supreme Court cases and how it impacts the Federal Arbitration Act. The Supreme Court’s most recent Article III decision, Wellness Int’l v. Sharif (2015), raises substantial questions as to the constitutional legitimacy of the Federal Arbitration Act, 9 U.S.C. … Continue reading Sternlight – Asking Tough Questions About Mandatory Arbitration and Article III

Carrel on Dreams of an ADR Career

This dispatch comes from FOI Alyson Carrel (Northwestern). Last week, Robert DeNiro spoke at the NYU Tisch School of Arts graduation ceremony.  After congratulating the students on their success, he paused, then added, “ “and, you’re f***ed.”  Everyone laughed because they understood the uncertainty these students face.  Unlike their peers in accounting, law or medicine who … Continue reading Carrel on Dreams of an ADR Career

Korobkin – 2 Pieces among the top 50 most cited private law articles

Harvard’s Project on the Foundations of Private Law has started an interesting blog entitled New Private Law.* As one of its introductory posts, the blog posted a list of the most cited private law articles in the last 25 years.  Scrolling through the list you’ll see that Russell Korobkin (UCLA) has two pieces in the … Continue reading Korobkin – 2 Pieces among the top 50 most cited private law articles

ABA DR Section’s Letter Supporting Proposed Changes to Standard 304(b)

As we wait to hear whether the ABA will adopt the proposed change to Standard 304(b), below is the Section’s letter to the Section on Legal Education and Bar Admission in support of the proposed rule. For those who don’t know the details, the short version is this.  Last summer the ABA extensively revised the … Continue reading ABA DR Section’s Letter Supporting Proposed Changes to Standard 304(b)