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
Sports fans will be aware of the controversy over National League MVP Ryan Braun’s positive test for anabolic steroids. Braun tested positive for very high levels of testosterone last fall and was suspended by Major League Baseball for 50 games under baseball’s drug testing policy. He filed a grievance through the baseball players’ union, and … Continue reading The Ryan Braun Arbitration
Last week the Hastings Business Law Journal hosted a symposium titled “Mandatory Arbitration in Contracts of Adhesion: When Many Become One.” The conference, which considered the implications of the Supreme Court’s decision in AT&T Mobility v. Concepcion on consumer contracts of adhesion, featured a mix of scholars and practicing lawyers including Tom Stipanowich, Amy Schmitz, … Continue reading Concepcion Conference at Hastings
If you are in Columbus, next week, we are hosting a terrific speaker at 4 p.m. in the Moritz College of Law, Saxbe Auditorium at the Ohio State University (he will actually visit Harvard Law School first, on the 6th, if you happen to be in Boston). The annual Lawrence Negotiation Lecture this year will … Continue reading Michael Young — Mediator of Secret Talks to End Apartheid to speak at Moritz College of Law
A recent study out of UC Berkeley describes seven experiments by psychologists that examined the behavior of wealthy people compared to those in lower socioeconmic positions. The study concluded that wealthier people are more likely to lie, cheat, and behave unethically then those who aren’t wealthy. One of the experiments looked at driver behavior and … Continue reading Rich People Lie and Cheat
That was the choice a court in Ohio gave a man found in contempt due to a violation of a protective order against his ex-wife. The news reports are a little sketchy, but it appears that the basis for the contempt finding was a statement the defendant posted on his Facebook page. The defendant and … Continue reading Apologize on Facebook or Go to Jail
In a per curiam opinion, the Supreme Court today reversed three consolidated decisions by the West Virginia Supreme Court of Appeals refusing to enforce pre-dispute arbitration agreements in nursing home contracts where a claim alleges negligence or wrongful death. The West Virginia high court had held that “as a matter of public policy under West Virginia … Continue reading Supreme Court Rejects West Virginia Rule Barring Nursing Home Arbitration
Jonah Lehrer has an interesting piece in the New Yorker discussing research into brainstorming. His focus is mainly on creativity in research groups, but there are some lessons for brainstorming in dispute resolution contexts as well. For example, he describes research showing that the classic brainstorming advice–no criticism–is counterproductive. In fact, the evidence suggests that … Continue reading To Brainstorm or Not To Brainstorm
On Saturday, Feb. 25, the Harvard Negotiation Law Review is sponsoring a symposium entitled “Does ADR Work? Evaluating the Effectiveness of Alternative Dispute Resolution.” Here is the symposium announcement: Saturday, February 25th Check-in at 9:30 AM • Reception to Follow at 5:00 PM 1515 Massachusetts Avenue • Cambridge, MA 02138 • Austin Hall, North Classroom Keynote … Continue reading Harvard Negotiation Law Review Symposium on ADR Effectiveness
On Wednesday, Feb. 22, Penn State Law will host a symposium entitled “U.S. Arbitration Law in the wake of AT&T Mobility v. Concepcion.” Here is the announcement: The 2011 Supreme Court decision in AT&T Mobility v. Concepcion last year has potentially changed the legal landscape in a number of areas including class actions and arbitration … Continue reading Penn State Law Symposium on AT&T Mobility
