All posts by Michael Moffitt

Congratulations to Newly Tenured Faculty

With great delight and without the least surprise, word came earlier this week that both Liz Tippett and Erik Girvan have received tenure at the University of Oregon School of Law. Soon-to-be Associate Professor Liz Tippett is a Negotiation scholar, among other things, and she is co-faculty director of Oregon’s Conflict and Dispute Resolution Master’s … Continue reading Congratulations to Newly Tenured Faculty

A Warning/Plea from Aragaki on Arbitration & Contractarian Visions

Hiro Aragaki’s recent article, Arbitration: Creature of Contract, Pillar of Procedure, 8 Y.B. on Arb. & Mediation 2 (2016), takes a hard, HARD look at the intersection of contractarian values like consent and autonomy in the context of arbitration. The headline is that he begs us to : stop and think twice before invoking the … Continue reading A Warning/Plea from Aragaki on Arbitration & Contractarian Visions

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