Have you written a will? Do you have a list (and pictures) of insurable items in your home? Probably not if you are typical. We don’t like to think about negative future events and so we avoid planning for them. Of course, that doesn’t actually solve the problem. Last weekend, I served on a panel … Continue reading Anticipating the Worst
Christopher Annunnziata, who blogs at ckamediation.com recently wrote a post entitled, “Is Court-Referred Mediation Fair?” My first instinct on reading any articles on fairness in court-connected mediation is to place them in this context of Nancy Welsh’s work and about Carrie Menkel-Meadow’s work. Nancy and Carrie have, to my mind, provided awfully thorough treatment of … Continue reading Fairness in court-affiliated mediation
Lela Love and Stawart Sterk recently published an article, Leaving More than Money: Mediation Clauses in Estate Planning Documents, 65 Wash. & Lee L. Rev. 539 (2008). The abstract of their article reads: When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less … Continue reading Mediation, Probate, and Estate Planning
Art Hinshaw at the Sandra Day O’Connor College of Law at Arizona State University announced the dates set for the next round of Works-in-Progress conference. It will be the weekend of October 24th and 25th. As Art said, “Join us and present your recent scholarship or works in progress, get feedback from colleagues, and learn … Continue reading Works-in-Progress Conference 2008
I read recently that the Equal Employment Opportunity Commission has voted to permit pilot projects aimed at developing alternative ways of processing EEO complaints. I have not read the details of the draft regulation. As I understand it, the principal motivation for the regulation is to encourage creativity and flexibility in the handling of these … Continue reading Alternatives to Alternatives: The EEOC’s Next Experiments
A few weeks ago, Marquette Law School hosted the groundbreaking on a new law school building (in the slideshow, note the really cute picture of our DR program manager Natalie Fleury with her two kids!). I have been working with the architects as part of faculty committees and the technology committee to really think about … Continue reading Law School Building of the Future?
The Daily Labor Report had this story today about objections from labor law attorneys to the proposed Employee Free Choice Act: “The mandatory first contract arbitration provision of the proposed Employee Free Choice Act (H.R. 800/S. 1041) has a “constitutional problem” and if enacted will be challenged in court, a management attorney said June 10. … Continue reading Lawyer Criticizes Employee Free Choice Act due to impact on Labor Arbitration
ADRworld.com reports that both houses of Congress have passed a bill that, if signed by the President, will add a new section on the use of arbitration agreements to Title II of the Packers and Stockyards Act (7 U.S.C. 198 et seq.). The provisions will permit a producer or grower to opt out of arbitration … Continue reading Farm Bill Allows Farmers to Opt Out of Arbitration