All posts by Michael Moffitt

Blankley on Arbitration Preemption

Kristen Blankley‘s recent Florida Law Review article on “Impact Preemption” is worth a read.  She goes one step beyond the by-now-well-trodden ground of critiquing the bases for recent Supreme Court arbitration jurisprudence on preemption.  Instead, tracing back to the Concepcion case, she suggests that the combination of recent Supreme Court cases has gone beyond field preemption … Continue reading Blankley on Arbitration Preemption

Whisper “Here’s my contact information; don’t accept anything until we’ve talked.”

In this morning’s Chronicle of Higher Education, an article entitled “Time to Change the Rules of Negotiation,” focusing on entry-level employment negotiations, what’s negotiable, what’s reasonable, and what’s not.  The most provocative passage is: In my ideal world, hiring officials would begin showing their hand so that candidates could craft the best possible deal. But until that happens, we … Continue reading Whisper “Here’s my contact information; don’t accept anything until we’ve talked.”

Conflict Resolution / Peacemaking Art Contest

From our friends at the Harvard Negotiation & Mediation Clinical Program comes an announcement of an art contest (available at http://blogs.law.harvard.edu/hnmcp/hnmcp/news/2015-hnmcp-art-contest/).  Any original artwork reflecting themes of conflict resolution or peacemaking welcome, with prize money and a place on the walls of Harvard going to the winner. TOTH Sara del Nido.

Students Experimenting in the Field, or “The Pedagogical Value of a Can of Beans” (From David White)

I used to give my Negotiation students at Harvard a set of fieldwork experiments, assignments to go try out this or that concept in real life and report back.  In my mind, I had pedagogically sound reasons for doing so.  And for some years, it went either fine or great.  And then one year, it went disastrously, … Continue reading Students Experimenting in the Field, or “The Pedagogical Value of a Can of Beans” (From David White)