Fellow Indisputably contributor Jen Reynolds scored several accolades at the University of Oregon’s recent graduation.  Besides being selected by the student body to be a commencement marshal, she received  both the Hollis Award, the law school’s highest teaching honor, and the University’s Ersted Award for Distinguished Teaching , for faculty early in their teaching careers.  … Continue reading Kudos to Jen Reynolds →

Friend of Indisputably Jean Sternlight (UNLV) recently sent a reminder on the ADR law prof list serv about the ABA Dispute Resolution Section’s Boskey Writing Competition.  Just to make sure we get the message as widely distributed as possible, her message is below. If your students wrote good dispute resolution papers there is still time to suggest … Continue reading Boskey ADR Writing Competition →

From FOI Kristen Blankley (Nebraska): “Don’t put yourself in a bad situation.” This phrase was one of my dad’s favorite pieces of advice for me growing up (and still is to this day). What he meant was: “Don’t go to that party with underage drinking,” or “Don’t be alone with that boy in his dorm … Continue reading On Contribution and Blame →

From Brian Ganson:   I taught negotiation and didn’t mention “The Seven Elements.” Am I going to hell? Brian Ganson, Senior Researcher Africa Centre for Dispute Settlement, University of Stellenbosch Business School   Having had the great pleasure of teaching, writing and consulting with Roger Fisher, the Seven Elements were part of my DNA. But … Continue reading Brian Ganson: I taught negotiation and didn’t mention “The Seven Elements.” Am I going to hell? →

As you head into the long holdiay weekend, please remember that proposals are now due for Works-in-Progress papers to be considered for publication in the Ohio State University Journal of Dispute Resolution. Here is the information about this year’s Works-in-Progress Conference and the opportunity to have your paper selected for publication in a special issue … Continue reading REMINDER: AALS Works-in-Progress Early Submission Date Approaching →

Earlier this year, I blogged about the spat between FINRA and Charles Schwab over Schwab’s class action waiver in its customer agreement’s arbitration provision.  Schwab sought a declaratory judgment from the court that its class action waiver did not violate FINRA’s rules and/or that AT&T Mobility v. Concepcion barred FINRA from enforcing its rule to … Continue reading District court denies Schwab’s request for declaratory judgment against FINRA →

I’ve emerged from grading finals to discover that the AT&T Mobility v. Concepcion case has entered a  new chapter.  As most readers know, the Supreme Court, in its April 2011 opinion, reversed the district court’s denial of AT&T Mobility’s motion to compel arbitration, and remanded the case back to the district court for “further proceedings consistent with … Continue reading District court compels arbitration in Concepcion →

Bobby Harges (Loyola New Orleans) has published The Handbook on Louisiana Alternative Dispute Resolution Laws, available here. Professor Harges’s description: This book is intended to serve as a handbook that presents a broad overview of the laws governing the assorted Alternative Dispute Resolution (ADR) processes as they are used in Louisiana. The main objective of … Continue reading Harges on Louisiana ADR Laws →

Stacie Strong (Missouri) has published three articles on the arbitration of internal trust disputes: “Arbitration of Trust Disputes: Two Bodies of Law Collide” (abstract) “Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices” (abstract) “Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a … Continue reading Strong on the Arbitration of Internal Trust Disputes →

In Sunday’s New York Times, David Segal, who authors The Haggler column on consumer issues and negotiation, took issue with Concepcion and its fall-out. Segal highlighted the case of a veteran owed a $400 refund under the Servicemembers Civil Relief Act on an aborted car lease. The veteran became the lead plaintiff in a class … Continue reading The Haggler on Concepcion →