Farkas on Justice Thomas and the FAA

Brian Farkas (Cardozo) has just published “The Continuing Voice of Dissent: Justice Thomas and the Federal Arbitration Act” in the Harvard Negotiation Law Review, available for download here. The abstract: Since 1984, a majority of the Supreme Court has held that the Federal Arbitration Act (“FAA”) preempts conflicting state arbitration laws, and that the FAA … Continue reading Farkas on Justice Thomas and the FAA

Stone Soup Resources

Many faculty are now preparing the courses they will teach in the fall.  The Stone Soup Project has developed materials to help faculty who want to take advantage of Stone Soup assignments and activities in their courses. The fundamental goal of the Project is to produce and use valuable qualitative data for teaching and research … Continue reading Stone Soup Resources

Stone Soup Mini-Course: Getting the Most Out of Competitions and CLEs

We often miss opportunities to generate and share knowledge about actual practice from student competitions and CLE programs.  This post in the mini-course suggests some ways to get more benefit from these activities. When I have judged student skills competitions at my school, typically one or both of the other judges in my “panel” were … Continue reading Stone Soup Mini-Course: Getting the Most Out of Competitions and CLEs

Stone Soup Mini-Course: Designing Course Assignments

Faculty have multiple options for fulfilling the fundamental goal of the Stone Soup Project to produce and use valuable qualitative data in their courses about actual dispute resolution practice, including: Assigning students to conduct interviews and write reports about entire cases. Assigning students to conduct interviews and write reports about smaller aspects of cases instead … Continue reading Stone Soup Mini-Course: Designing Course Assignments

CFPB–A Poster Child for Regulation

From FOTB Jean Sternlight posted today on the ACSblog: The Consumer Financial Protection Bureau (CFPB) just issued a new rule prohibiting financial service providers from using forced arbitration to prevent their customers from suing the company in class actions.  While many of us believe this rule is a “great win for consumers,” others are trying … Continue reading CFPB–A Poster Child for Regulation

Stone Soup Mini-Course: Good Questions

In this mini-course so far, we have noted that qualitative research can be cool and insightful, learning can be more fun, and there are tons of things that you might want to know and you want your students to know. Today, we will consider how to frame questions to get the most valid possible information … Continue reading Stone Soup Mini-Course: Good Questions

Stone Soup Mini-course:  What Do You Want To Know?

Do you remember when you were a kid, bursting with curiosity about how and why things worked they way they do?  If you’re a parent, grandparent, or other person in close contact with young children, you don’t have to go that far back to remember their intense wonderment. Woody Guthrie wrote a song about this, … Continue reading Stone Soup Mini-course:  What Do You Want To Know?

Great Bibliography of Recent Empirical Research on ADR

From TFOI Jim Coben: Dear Colleagues, Beginning in summer 2013, Donna Steinstra and I have co-edited Research Insights, a regular column in the American Bar Association’s Dispute Resolution Magazine (DRM).  Twice a year we choose 10-12 empirical research studies relevant to ADR professionals and publish the citation and abstract.  To compile the longer list from … Continue reading Great Bibliography of Recent Empirical Research on ADR