Kristen Roupenian’s new short story, “Cat Person,” is a fascinating story of relationship that manages to capture (among other things) the complexities of consent. Why we agree to what we agree to is such a fraught and often overdetermined question — it is not as simple as arming ourselves with the facts and making a … Continue reading Cat Person and Consent
This time from Bud Light. Watch the video of the town crier reading the letter, which asks a Minnesota brewery to cease and desist using Bud Light’s trademarked “Dilly Dilly” in the name of brewery’s newly released “Dilly Dilly Mosaic Double IPA.” (If that link doesn’t work, try this one.) The transcript of the letter: … Continue reading Another Creative Cease-and-Desist
On October 27, HLS hosted a series of panels as part of its bicentennial celebration. I was fortunate to serve as a panelist on Negotiation for Lawyers: A Bird’s Eye View of Negotiation and Dispute Resolution, along with Mark Iwry, David Hoffman, Sheila Heen, and Bob Mnookin. We modeled our panel after the NPR program, … Continue reading ADR Stories at Harvard Bicentennial
The New Yorker has a fascinating new article by Ronan Farrow providing more information about some of the settlement structures used by Harvey Weinstein and his company. It is worth reading in full, but I’m including a few excerpts from the article below to give you a sense of the piece. The short version is … Continue reading Against Secret Settlements
Two recent dispute resolution notes: First, many of you may have heard about Netflix’s amusing cease-and-desist letter to the pop-up bar in Chicago decorated with an unauthorized “Stranger Things” theme. (For those of you who haven’t watched the show, watch it!) The text of the letter: Danny and Doug, My walkie talkie is busted so … Continue reading Stranger Things
Brian Farkas (Cardozo) has just published “The Continuing Voice of Dissent: Justice Thomas and the Federal Arbitration Act” in the Harvard Negotiation Law Review, available for download here. The abstract: Since 1984, a majority of the Supreme Court has held that the Federal Arbitration Act (“FAA”) preempts conflicting state arbitration laws, and that the FAA … Continue reading Farkas on Justice Thomas and the FAA
From FOI Erin Archerd (Detroit Mercy): Facebook has apparently been developing chat bots that negotiate. This article in The Atlantic focuses on the bots creation of their own language. And here’s the Facebook report on training the bots in negotiations. There’s a struggle going on between negotiating like “humans” (more prone to accepting non-Pareto optimal … Continue reading Chatbots Who Negotiate
From FOI Tom Stipanowich (Pepperdine): I recently had the chance to deliver reflections on almost four decades of experience with dispute resolution as keynoter for Cardozo School of Law’s Symposium on the “The Pound Conferences: Where Do We Come From? What are We? Where are We Going?” Like many of you, my whole career has … Continue reading Where Are We Going?