Negotiating for Law School Classes

Apparently, law students at NYU were negotiating this fall–using Starbucks, money, and cookies–to get into certain law school classes.  Clearly, this is a fantasy for law professors “My class is so popular that one student baked 3 dozen brownies to get in!” but a nightmare for students.   As the New York Post  wrote, NYU operated without a waitlist … Continue reading Negotiating for Law School Classes

Is there a flight from arbitration?

On SSRN, Chris Drahozal and Quentin Wittrock posted an article analyzing whether franchisors are moving away from mandatory arbitration. Their abstract states: Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or … Continue reading Is there a flight from arbitration?

Cercone v. Merrill Lynch (Ohio Appellate Court)

I just commented on a case from an Ohio Appellate Court where, according to adrworld.com, “the court ruled that a party’s consent to arbitrate an employment discrimination claim through the filing of a counterclaim that was later dismissed did not constitute a waiver of that party’s right to bring the same action in court where … Continue reading Cercone v. Merrill Lynch (Ohio Appellate Court)

CPR Prize to Microsoft

The International Institute for Conflict Prevention & Resolution (CPR Institute) has announced its Corporate Leadership prize for 2008, and it’s going to Microsoft and Brad Smith, Microsoft’s General Counsel.  The press release mentions Microsoft’s highly visible encounter with ADR in the context of the US v Microsoft antitrust litigation. I don’t have enough familiarity with … Continue reading CPR Prize to Microsoft

The New York Times: “Study Finds Settling is Better than Going to Trial”

Of course, headline writers invariably overstate what the subsequent article actually says.  The NYT Business Section ran an article by this title last week, and the headline-to-content mismatch is no more egregious than is probably typical for such articles. The newspaper article describes a soon-to-be published empirical study of settlement behavior, the conclusion of which, … Continue reading The New York Times: “Study Finds Settling is Better than Going to Trial”