This morning NPR’s Morning Edition had an interesting piece about purchasing used cars in Shanghai. NPR reporter Frank Langfitt has been sending dispatches from China for some time, and his discussion of high-pressure hard bargaining tactics is great. Here’s the link – enjoy.
When I started Missouri’s Dispute Resolution LLM Program in the fall of (ahem) a long time ago, I took Understanding Conflict which Len taught. It was the first class where he had a heavy mindfulness component, which was both brilliant and strange. I remember thinking at the time that Len was just so far ahead … Continue reading Another Instance Where Riskin is Ahead of His Time
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?
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
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
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
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
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)