April 18, 2014

Booklist from the ABA DR Annual Meeting

By Jen Reynolds

At the recent ABA DR Annual Meeting, we had our second installment of the “What I’m Reading” panel. I promised a reading list from panelists and participants; here it is: Americanah (Chimamanda Ngozi Adichie) Shop Class as Soulcraft: An Inquiry … Continue reading

April 17, 2014

Call for papers: Transnational Dispute Management

By Jen Reynolds

The Transnational Dispute Management Journal has issued a Call for Papers for its upcoming special issue on “Dispute Resolution from a Corporate Perspective.” Proposals due no later than July 31, 2014. Details here.

Alkon on the Supreme Court and Plea Bargaining

By Jen Reynolds

Cynthia Alkon (Texas A&M) has published “The U.S. Supreme Court’s Failure To Fix Plea Bargaining: The Impact of Lafler and Frye” in the Hastings Constitutional Law Quarterly, available on SSRN here. The abstract: Virtually every criminal conviction in the United … Continue reading

General Mills’ Arbitration Clause

By Sarah Cole

I thought some of you might like to see the arbitration clause General Mills has on their website. To find it, you must click on legal terms on their home page. Here are the terms: Legal terms This page contains … Continue reading

Should I Keep Eating Cheerios? Food Companies Using Arbitration

By Sarah Cole

The New York Times reported yesterday on a new trend among companies selling food products — the use of arbitration clauses. General Mills reportedly created an arbitration clause that would bind consumers who engaged in certain kinds of activity on … Continue reading

April 15, 2014

“Don’t Skimp on Legal Training”

By Cynthia Alkon

  That is the title of an op-ed in yesterday’s New York Times written by Carrie Menkel-Meadow and Edwin Chemerinsky.  The op-ed cautions against rushing to fix legal education in ways that may do “more harm than good.”  The full … Continue reading

April 11, 2014

Congratulations to Professor David White (Seton Hall)

By Michael Moffitt

David White (Seton Hall) was recently named Clinical Professor of the Year at Seton Hall (announcement here) and also accepted a civilian appointment to NYPD Police Commissioner Bill Bratton’s “Reengineering 2014” team.  The group will critically examine many facets of … Continue reading

April 10, 2014

An Awesome April Fool’s Prank

By Art Hinshaw

Have your students ever played an April Fool’s Day prank on you?  I’ve been lucky, but Stephen Barrows at Aquinas College, is not so lucky.  His students pulled one for the ages on him based on his class cell phone … Continue reading

Followup from ABA Conference: Critical patience and pedagogy

By Jen Reynolds

Last week was the whirlwind ABA Section on Dispute Resolution annual conference in Miami. At the conference, I presented an exercise in “critical patience” designed to promote the kind of deep attention and focus that law school and dispute resolution … Continue reading

April 8, 2014

Just what we’ve all been waiting for: A negotiation cookbook!

By Andrea Schneider

At a gathering of negotiation teachers held at Marquette late last year, we conducted an exercise which demonstrated wonderfully many different outlooks on negotiation, in a short time and a creative way. We asked all participants to write out their … Continue reading

April 7, 2014

Ninth Circuit, FINRA Arbitration and Exchange Act Commands

By Jill Gross

Last week, the Court of Appeals for the Ninth Circuit decided two issues important in the field of securities arbitration — one of which I believe flatly ignores the Securities Exchange Act of 1934, as amended by Dodd-Frank. The case, … Continue reading

April 6, 2014

Arizona State Law Wins ABA Representation in Mediation Competition

By Jill Gross

Congratulations to students Alden Anderson and Chelsea Hesla from the Sandra Day O’Connor College of Law at Arizona State University, who won the 2014 American Bar Association Section of Dispute Resolution Representation in Mediation Competition.  The National Finals took place this … Continue reading

April 4, 2014

$5.15B Environmental Settlement in Anadarko / Kerr-McGee

By Michael Moffitt

For those law school ADR Evangelists looking for opportunities to woo colleagues from other doctrinal disciplines, the Anadarko / Kerr-McGee settlement yesterday should have you scrambling to talk with your faculty colleagues in Environmental Law and in Bankruptcy. My short … Continue reading

April 2, 2014

Works in Progress Conference – Save the Date

By Paul Kirgis

The AALS Section on Alternative Dispute Resolution is delighted to announce that Southwestern Law School will host the Eighth Annual ADR Section Works-in-Progress conference. The conference will take place at Southwestern’s campus in Los Angeles on Friday, November 7 and Saturday, November 8, with … Continue reading

March 31, 2014

Zimmerman & Remus on Mass Settlements

By Paul Kirgis

Adam Zimmerman has been doing ground-breaking work on mass settlements for several years now, and he has two new articles, one done with Dana Remus, that extend those investigations into new areas. The first is titled Presidential Settlements, 163 U. Pa. … Continue reading

ADR Writing Competitions

By Paul Kirgis

It’s the season of student writing competitions, so I thought I would collect information here for those with students writing papers on ADR topics this spring. I’m aware of the following two competitions specifically devoted to ADR. Please feel free … Continue reading

March 27, 2014

ACR New Voices Competition

By Andrea Schneider

From Bryan Hanson at the Werner Institute, below is a very interesting opportunity for our students:   Calling all Conflict Specialists newly entering the field  The Association for Conflict Resolutionis announcing the ACR “NEW VOICES- Emerging Professionals” Juried selection for … Continue reading

March 25, 2014

Denial of Certiorari in Delaware Chancery Arbitration Case

By Paul Kirgis

The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have … Continue reading

March 19, 2014

Happy Belated St. Patricks Day!

By Andrea Schneider

I went to Northern Ireland over spring break to see more about the conflict that we all study (yes, a totally geeky professor thing to do) and it was fascinating.  This blog will mostly be pictures to give you a sense of … Continue reading

The Science of Wisdom

By Cynthia Alkon

Last week the NY Times published an interesting piece: The Science of Older and Wiser. Just one snippet that I liked (from many): “True personal wisdom involves five elements… They are self-insight; the ability to demonstrate personal growth; self-awareness in … Continue reading

March 17, 2014

National Law Journal on “Sue and Settle” Cases

By Michael Moffitt

Article posted this morning and available here.  First three paragraphs below. As an aside, the environmental attorney cited in the article is an Oregon Law alum.  The more important questions this article raises relate to the availability of attorney fees … Continue reading

NLRB files petition for rehearing in D.R. Horton (class arbitration) case

By Sarah Cole

From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class … Continue reading

March 11, 2014

Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25

By Sarah Cole

The 2014 Schwartz Lecture on Dispute Resolution will be given by The Ohio State University Moritz College of Law’s own Nancy Hardin Rogers. She will be presenting on her current project looking at the role of institutions and dispute resolution … Continue reading

USNews Dispute Resolution Rankings

By Art Hinshaw

Every year the USNews rankings come out and we love them or hate them depending on whether they favor us or not.  And at least with the USNews specialty rankings, we know they are peer reviewed, so they are more … Continue reading

Lande on Advancing Negotiation Theory

By Jen Reynolds

John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just … Continue reading