Jean Sternlight often sends us post worthy info. Here’s her response to Kirgis’ take on Stolt-Nielsen v. AnimalFeeds. As Paul Kirgis says, Stolt-Nielsen is a fascinating case. Likely it will mean the end, almost immediately, of classwide arbitrations in all contexts. Then the big question on that front is whether courts or arbitrators will … Continue reading Sternlight on Stolt-Nielsen v. AnimalFeeds
Earlier this week Sarah gave us her take on the Supreme Court’s recent AnimalFeeds decision. Here’s another take, this one by Paul Kirgis that he recently sent out on the ADR law prof list-serv. Colleagues- I happen to be teaching class and consumer arbitration this week, a propitious moment for the Supreme Court to hand … Continue reading More on Stolt-Nielsen v. AnimalFeeds
The call for papers for this year’s Conference on Empirical Legal Studies has hit. This conference is one of the most prestigious conferences, and this year’s conference will be at Yale Law School. Good luck with your submissions. ———————– CALL FOR PAPERS FIFTH ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES at YALE LAW SCHOOL November … Continue reading Conference on Empirical Legal Studies – Call for Papers
As I mentioned in my previous post, I did plan on blogging about Jackson v. Rent-a-Center West but was side-tracked by the issuance of the Stolt-Nielsen decision. As many of you know, the question in the Jackson case is whether an agreement between a consumer and a business that sends the question of whether the … Continue reading Oral Argument in Jackson v. Rent-a-Center West
I woke up today planning to blog about the oral argument in the Rent-a-Center, West, Inc. v. Jackson case that was argued yesterday in the Supreme Court — I will get to that, but wanted to write first about a major arbitration decision the Supreme Court handed down today: Stolt-Nielsen v. Animalfeeds (http://www.supremecourt.gov/opinions/09pdf/08-1198.pdf). The Court … Continue reading Stolt-Nielsen v. Animalfeeds — Major Victory for Business
In my final ethics class last week, as we were ending the course with some discussion on how to choose law firms, balance life and work, etc, we also discussed how to deal with zinger/illegal/offensive interview questions. The problem in the book was a classic–what would you do if the partner interviewing you for a … Continue reading Job Interviews, Offensive Questions, and Effective Responses
In a decision with ramifications for employees and consumers subject to a mandatory arbitration agreement, New York’s Court of Appeals recently held that an employee challenging the enforceability of a fee-splitting provision in a pre-dispute arbitration agreement is entitled to a factual hearing to establish that her inability to pay arbitration costs precluded her from vindicating … Continue reading NY’s Highest Court Requires Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Arbitration Agreement
Among all of the great ideas that came up at the ABA DR Section meetings in San Francisco, the idea of creating a group to provide technical advice on integrating ADR concepts into non-ADR courses may have the most impact. This proposal comes from the one of the shoptalk sessions from the Legal Educators Colloquium on … Continue reading Getting Involved – Call for Volunteers to Assist with the ADR Technical Advisory Project
So I have taken a week to think about how to blog about a session that I saw last weekend at the ABA Conference. The session was about using movies to demonstrate gender differences in negotiation and I went to see what teaching tools might be provided. I was on the negotiation program track for the … Continue reading Gender Frustrations
Deborah Jones Merritt (Ohio State) has recently posted her article “Pedagogy, Progress, and Portfolios” to SSRN (link here). She presents thorough and intriguing visions of “Professional Learning Portfolios.” One piece of her article describes the implications for those of us who teach ADR, although frankly, I think the ideas have at least as much relevance … Continue reading Professional Learning Portfolios in law schools
