All posts by Michael Moffitt

Exam Idea: critique of CHE article on BATNAs

On the theory that it’s never too early or too late for good exam ideas… I suggest a recent Chronicle of Higher Education post by Katie Rose Guest Pryal entitled “What’s Your BATNA?”  I think one could reasonably reproduce the entire article, and simply ask, “Thoughts?”  (My draft call of that exam question might need some … Continue reading Exam Idea: critique of CHE article on BATNAs

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