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
The Pope, a rabbi and an imam…sounds like the beginning of a very funny joke but last week was a reality. As you likely know, last Friday the Pope hosted an interfaith prayer gathering at the 9/11 Memorial and Museum. This was trailblazing and I’ve linked to the video here for those you who have … Continue reading Our Peacebuilding Pope
As I previously posted, the 9th Annual AALS Alternative Dispute Resolution Section’s Works-in-Progress Conference will be on October 23 & 34, 2015, at the Texas A&M University School of Law in Fort Worth, Texas. The deadline to register for the conference is Friday, Oct. 2nd which is at the end of this week! The link … Continue reading Deadline Fast Approaching!
Tis the season of the US News tournament, when our mailboxes fill with literature touting the achievements of law schools far and wide. Most of us think that this “game” is seriously flawed and wish our schools didn’t have play the game, but we generally feel compelled to do so because of the significant consequences. … Continue reading Missouri Scholarship Booklet
Here’s an announcement from my colleague, Carli Conklin. Greetings, colleagues! The Center for the Study of Dispute Resolution and the University of Missouri School of Law are hosting a Works-in-Progress Conference on the History of Dispute Resolution, to accompany our November 13, 2015 symposium on arbitration history. We’d love to have you take part! For … Continue reading Call for Proposals: Works-in-Progress Conference on History of Dispute Resolution
In light of the ongoing debate about the fairness of investor state arbitration (see my earlier blog post here), the European Commission has now proposed a new investor state court to replace the arbitrations under ICSID and UNCITRAL. (See the whole article here.) The court would operate apparently like the WTO with both a lower court … Continue reading Investor State Trade Court?
Money can’t buy me love. – Paul McCartney As a corollary to psychologist McCartney’s insight, money can’t buy lawyers (much) happiness. That’s one of the key findings of Lawrence Krieger and Kennon Sheldon’s impressive study, What Makes Lawyers Happy?: A Data-Driven Prescription to Redefine Professional Success. This post includes excerpts from this article, sans … Continue reading What Makes Lawyers Happy? – And How Can You Help?
An article in the New York Times, The Rationality of Rage, summarizes the findings of several studies about when expressing anger can be productive. Despite the catchy title of the article, expressing rage generally isn’t helpful. But expressing anger can be useful in some situations. The article distinguishes three types of negotiations – primarily cooperative … Continue reading Good Anger