Category Archives: Public Policy

Divided Community Project Releases Social Media Report

Moritz’s Divided Community Project released its new report, Divided Communities and Social Media: Strategies for Community Leaders, at the 2017 Government and Social Media Conference earlier this week. [Full disclosure: I am now part of the Project’s steering committee]. A short article about the Project’s presentation at the Government and Social Media Conference is available … Continue reading Divided Community Project Releases Social Media Report

Addressing Community Division and Civil Unrest – Divided Community Project Part 2

Last week I announced the Divided Community Project housed at OSU’s Moritz College of Law. Today—in the second of three posts—I wanted to share the Project’s first publications. Key Considerations for Community Leaders Facing Civil Unrest: Effective Problem-Solving Strategies That Have Been Used in Other Communities, provides background information and expertise for local community leaders … Continue reading Addressing Community Division and Civil Unrest – Divided Community Project Part 2

Announcing the Divided Community Project at Moritz – Part 1

In November, John asked “How can we help in major social conflicts, if at all?” I was dying to respond with an idea we’ve been working on here at Moritz, but the Divided Community Project wasn’t quite ready. Today—in the first of a series posts about the project—The Ohio State University Moritz College of Law’s … Continue reading Announcing the Divided Community Project at Moritz – Part 1

Interesting New Article on FAA Preemption By Gary Spitko

I just learned that Gary Spitko’s latest article, “Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight,” has just been published in volume 20 of the Harvard Negotiation Law Review. The article (abstract below) explores the relationship between federal preemption in arbitration and the ability … Continue reading Interesting New Article on FAA Preemption By Gary Spitko

Planning is Critically Important for Early Dispute Resolution

This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below.  There are six additional posts in this conversation.   At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution

Another View of the Arbitration Cathedral–Further Thoughts on Sharif

In her post this week, Jean Sternlight argues that the logic of the Supreme Court’s recent decision in Wellness Int’l Network v. Sharif casts doubt on the constitutionality of private mandatory arbitration, at least as applied to consumers and employees. She challenges the insistence by the Court’s pro-arbitration Justices that arbitration does not implicate constitutional rights ecause arbitrators … Continue reading Another View of the Arbitration Cathedral–Further Thoughts on Sharif

Why Cooperate?

A short piece in the New York Times by Harvard economists and Yale psychologists has a suggestion that may surprise you – or maybe not – about people’s motivation to cooperate. The authors focus on the “tragedy of the commons” which is the situation “where individuals acting independently and rationally according to each’s self-interest behave … Continue reading Why Cooperate?