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
Three days ago, the Nevada Supreme Court released an opinion in the case of Weddell v. Sharp et al. (Here). Although it has facts that would make ADR & Civ Pro professors fairly swoon, the opinion itself is maddening. Both the majority and the dissent. Sigh. Based on reading the opinion, I understand the basic … Continue reading A Maddening Nevada Supreme Court Case
The news is now public, long-awaited, and not the least bit surprising in its substance: Jen Reynolds is receiving tenure and a promotion to associate professor this Fall at the University of Oregon School of Law. Given that you are reading this blog, there’s approximately a zero percent chance you don’t know who Jen Reynolds is. … Continue reading Tenure for one of our own
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.”
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.
For the many among you who use journals as part of your ADR instruction… An article in this morning’s Chronicle of Higher Education (here) describes a study comparing students’ writing when they are asked to submit what amount to journal entries either in the form of essays or in the form of public blog posts. The researchers were expecting … Continue reading Journaling and Risk-Taking
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)
A really, really interesting blog post by Brian Ganson on the HNMCP blog site. I have known Brian since my earliest days in mediation, and he has reliably challenged many of my assumptions about just what it is we do and how we ought to do it. An excerpt (but really you should read the … Continue reading Brian Ganson on Mediation and Advocacy