All posts by Michael Moffitt

Linda Seely – New Director of ABA Section on Dispute Resolution

Announcement available here. This blog is aimed principally at the intersection of the academy and ADR.  But for those who are perhaps new to one or the other, the ABA Section on Dispute Resolution is both enormous and critically important.   (I know that’s not true of all sections, in all academic disciplines.  But if you’re … Continue reading Linda Seely – New Director of ABA Section on Dispute Resolution

9th Circuit on Uber Arbitration

From this morning’s National Law Journal article (available here) reporting on the 9th circuit’s consideration of the appeal from a N.D.CA court’s finding that Uber’s arbitration clause was unenforceable for reasons of unconscionability: According to Uber, Chen’s rulings refused to follow the Ninth Circuit’s 2013 en banc decision in Kilgore v. KeyBank, which held that an … Continue reading 9th Circuit on Uber Arbitration

University of Phoenix Nixes Mandatory Arbitration Clause for Students

From this morning’s Inside Higher Ed: Apollo Education Group, the parent company of the University of Phoenix and Western International University, announced Thursday that it would eliminate the use of mandatory arbitration clauses in students’ enrollment agreements. “We have worked hard to further improve the student experience at all of our institutions and it’s clear that eliminating … Continue reading University of Phoenix Nixes Mandatory Arbitration Clause for Students

US Dept. of Education & Mandatory Arbitration

Story this morning in Inside Higher Education (here) indicating that DOE is considering rules that would ban universities from including mandatory arbitration clauses as part of students’ enrollment packets.  Still in the negotiated rule making process, and it’s not clear to me if this relates to all matters, or just in actions involving alleged consumer loan … Continue reading US Dept. of Education & Mandatory Arbitration

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