Category Archives: Trial

Mediation is Unsuccessful in lawsuit between former Louisville Basketball players and NCAA

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5 former Louisville basketball players are suing the NCAA about the NCAA’s removal of their 2013 National Championship title. The players, led by Luke Hancock, want the title restored and are also seeking restitution for individual damages.  Unfortunately mediation on January 28th was unsuccessful and the mediator has returned the case to the court, saying … Continue reading Mediation is Unsuccessful in lawsuit between former Louisville Basketball players and NCAA →

Litigation as Violence

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I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence →

What is (A)DR About?

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Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About? →

Industry Response to Consumer Arbitration Study

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Alan Kaplinsky and Mark Levin, Ballard Spahr attorneys writing on their CFPB Monitor blog, have offered their initial thoughts on the study of consumer understanding of arbitration agreements that my St. John’s colleagues and I recently posted. My colleague Jeff Sovern has posted a full response at the Consumer Law & Policy Blog. I’ll just add … Continue reading Industry Response to Consumer Arbitration Study →

A Stumble in the March of Adjudicative Privatization: Delaware Chancery Arbitration Scheme Declared Unconstitutional

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Last winter, I wrote about the Delaware Court of Chancery’s arbitration scheme, in which the court hired out its Chancery Judges to serve as “private” arbitrators, deciding in secret cases they otherwise would have been deciding in public, with proceeds from the five-figure fees going into court coffers. The scheme was a grotesque, if predictable, … Continue reading A Stumble in the March of Adjudicative Privatization: Delaware Chancery Arbitration Scheme Declared Unconstitutional →

Helfland on Religion and Arbitration

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If you’re not a regular reader of Prawfsblog, you’ve missed out on some excellent guest blogging by Michael Helfland (Pepperdine).  Helfland’s primary interest areas are arbitration and the intersection between law and religion and, not surprisigly, his Prawfs posts of interests focus on those two themes. In the first post he uses a case out Florida involving the Church of … Continue reading Helfland on Religion and Arbitration →

The Commodification of Legal Decisionmaking

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The Delaware Chancery Court arbitration scheme is on one side of a gold coin, with the “federal policy favoring arbitration” on the other. The story starts with the slow strangulation of the judiciary caused by Congress’s failure over the last forty years to add enough judges to keep up with the draconian penal laws that … Continue reading The Commodification of Legal Decisionmaking →

Owen Fiss and Sherriff Joe Arpaio – “Against Settlement”

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Just before the holidays the US Department of Justice Civil Rights Division concluded a 3 year investigation into America’s Toughest Sheriff, Maricopa County’s (the Phoenix metro) Sheriff Joe Arpaio.  The investigation found discriminatory policing against Latinos, discriminatory jail practices against Latinos, a general culture of bias against Latinos in the Sheriff’s Office, and a practice of retaliatory … Continue reading Owen Fiss and Sherriff Joe Arpaio – “Against Settlement” →