Ken Fox (Hamline) has published “Mirror as Prism: Reimagining Reflexive Dispute Resolution Practice in a Globalized World” in Washington University Journal of Law and Policy, available here. The abstract: Private dispute resolution processes are an increasingly established global phenomenon. Some processes, like international commercial arbitration, have been formally in pace for more than a century … Continue reading Fox on Reimagining Reflexive Dispute Resolution Practice →

At a press conference today and accompanying this press release, the Public Investors Arbitration Bar Association announced it had conducted a study of FINRA’s arbitrator roster.  It concluded that the roster lacks diversity (in particular, it is 80% male), and almost half of the pool is 70 years old or older. The study also concluded … Continue reading PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool →

Linda Fienberg, the long-time President of FINRA Dispute Resolution and FINRA’s Chief Hearing Officer, announced her retirement last month.  (This post is long overdue, I know.)  She joined FINRA in 1996 and, since then, has worked hard to reform the arbitration process to further FINRA’s investor protection mission.  While some of her decisions arguably were … Continue reading Linda Fienberg To Retire from FINRA Dispute Resolution →

Liz Tippett (Oregon) has published “Child Abuse as an Employment Dispute” in Quinnipiac Health Law Journal, available on SSRN. The abstract: Child abuse has traditionally been viewed as the exclusive province of the child welfare system and the police. But when child abuse accusations are made against an employee, such as a teacher or a … Continue reading Tippett on Child Abuse as Employment Dispute →

Carrie Menkel-Meadow (UC Irvine) has published “Unsettling the Lawyers: Other Forms of Justice in Indigenous Claims of Expropriation, Abuse, and Injustice” in the University of Toronto Law Journal, available on SSRN. The abstract: This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the … Continue reading Menkel-Meadow on Other Forms of Justice →

Earlier this week, I was driving to an appointment, and I heard someone talking about Mediation. Only after it was over did I realize that I was listening not to an NPR story, nor to a law-focused podcast, nor to the voices in my heads.  I had been listening to a radio ad. On an FM … Continue reading And then on the radio I heard … →

On October 6, the Alliance for Justice will release Lost in the Fine Print, a short documentary featuring Robert Reich criticizing “forced arbitration.” (A description and trailer for the movie, plus information about teaching resources and a petition, are available here.) AFJ uses the term “forced arbitration” to refer to what is more commonly known in the … Continue reading “Lost in the Fine Print” – Robert Reich Film on Forced Arbitration →

This is a final reminder that the deadline to register as a presenter for the Eighth Annual AALS ADR Works-in-Progress conference is next Monday, October 6.  The Conference will take place in early November at Southwestern Law School in Los Angeles. The Conference will begin with a welcoming reception on Thursday evening, November 6, followed … Continue reading WIP Conference Registration – Final Notice →