I was delighted to join an amicus brief filed last week by Professor Imre Szalai in the Flores v NFL (and several teams) bemoaning the current state of the NFL arbitration system where Commissioner Roger Goodell has the final say.  You might recall that former coach Brian Flores has sued several NFL teams for racial … Continue reading NFL Arbitration–“A Secret, Rigged, Kangaroo Court” →

It’s really, really hard to assess the wisdom of a settlement from the outside. Almost every settlement represents a tradeoff of legitimate interests in a condition of uncertainty. It’s perhaps extra hard to assess settlements in the context of litigation on behalf of the public. Was a settlement for $X a major victory, a stinging … Continue reading Kamala Harris and Settlements? →

It’s not breaking news that law school graduates generally have difficulty working with clients, don’t understand the “big picture” of client matters, and aren’t well trained in negotiation. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative … Continue reading Two Short Articles Proposing Courses Teaching Preparation and Advocacy in Dispute Resolution →

I recently published It’s Time to Make Important Upgrades to Our Mediation Curriculum, which notes significant changes in American mediation practice in the past five decades and suggests that law school faculty upgrade our mediation instruction accordingly. Modern Mediation Practice in American Legal Cases is a two-page summary of that article, which was published in … Continue reading Modern Mediation Practice in American Legal Cases →

Donna Shestowsky (UC Davis) recently announced the winner of this year’s AALS Section on ADR “best scholarly article” award. That award goes to Inga Laurent, An Absence of Accountability, 54 (1) Seton Hall Law Review 137-200 (2023). Available at SSRN: https://ssrn.com/abstract=4252910 She also noted that the author has been invited to present the winning article at … Continue reading Winner of AALS Section’s Best Scholarly Article Award for 2023 →

Some of you may have seen the news articles (e.g., here and here) in the past day or so reporting on a motion to compel arbitration brought by Disney lawyers in a Florida state court wrongful death case. The widow of a woman who suffered a fatal allergic reaction at a Disney World restaurant is … Continue reading Disney+ to Disney World “Infinite” Arbitration Clause →

What about Mom and apple pie?  For or against? Most people take for granted that all these things are indisputably good (at least in theory) though we usually don’t think much about why. Not so with Andrew Mamo.  He recently published Unsettling the Self:  Rethinking Self-Determination in Mediation, which deeply analyzes the meaning of self-determination. … Continue reading Are You in Favor of Self-Determination in Mediation? →

From my colleague, Rachel Wechsler: The Journal of Dispute Resolution is seeking articles related to labor and employment dispute resolution for its 2024 Writing Competition. The winners will be published in the Winter 2025 Issue of the Journal of Dispute Resolution. Writers should send submissions to umclawjournal@umsystem.edu with the subject line “2024 Writing Competition.” The … Continue reading Journal of Dispute Resolution Writing Competition – September 6 Deadline →

Posting my short article, The Important Role of Attorneys in Promoting Parties’ Self-Determination in Mediation, on the NYC-DR listserv prompted several reactions. This post highlights and elaborates some points in my article. Why Law School Faculty Should Increase Instruction in Mediation Representation I’m a retired law professor who mediated and taught mediation for years.  The … Continue reading Attorneys, Mediators, and Self-Determination →

Posting on behalf of the AAA: I am writing to inform you of a wonderful opportunity for second and third year law students.  On November 9 and 10, 2024 the American Arbitration Association is holding its Annual Diverse Student ADR Summit in New York.  For more information click here.  Accepted students will receive a scholarship for up … Continue reading AAA’s Diverse Student ADR Summit →

As we know, American attorneys regularly represent clients in mediation.  There’s a ton of theory about mediation generally but much less about mediation representation. I just posted an article, Theory and Practice of Mediation Representation, which presents a theoretical analysis based on Real Practice System Theory.  The following graphic provides an overview, which the article … Continue reading Theory and Practice of Mediation Representation →

At this year’s AALS ADR Section WIP Conference, I presented data showing that more than 90% of law school mediation courses and more than 90% of the coverage in popular mediation texts focus on the mediator’s role.  I asked people what they think the emphasis generally should be in generic mediation courses, and here are … Continue reading If You Will Teach Mediation (or Other DR Course) Next Year, Read This →

'Pac had swag before swag had swag. Peep his game.

Ladies is emcees too, let them brush their shoulders off.

See all the red carpet-ready looks from the BET Awards.

The actor also talks about racism in tech.

Check out this list before you go summer shopping!

For Issa, the sky isn't the limit, it's the floor.

"42" premieres on Tuesday, July 7 at 6P/5C.

The original, hood 'Cookie' and 'Lucious!'

Happy Independence Day!

Uh oh!

Thought his pain was funny? You ain't seen nothing yet.

Martin Lawrence after dark is whole other sight.

Channeling her "American Horror Story" character like...

Redefining #BlackGirlMagic for us all.

This is how you celebrate the holiday!

Relive that moment the actress kissed Taye Diggs.

Can you match the kiss to the film?

Vice Chancellor Nefertiti Walker says she's investigating.

They questioned whether or not he actually worked there.

Cory Booker Dismisses the accusation

The verdict comes after weeks of graphic testimony.

The attorney represented some of the victims who testified.

He makes history at Syracuse University.

She knew the former president for nearly 15 years.

The new season premieres later this month.

The police say no crime was committed.

“I paint pictures with meanings,” the boxer once said.

Restaurateur Alan Collins Jr. says he’s overwhelmed.

He sat motionless as the judge gave him his sentence.

She did not report for duty on Oct. 7.

He languished for hours before getting treatment.

Lili Bernard claims he drugged and raped her repeatedly.

The police say they were unintended victims.

The water was known to have been contaminated for years.

The partnership is also with WarnerMedia.

The ex-captain allegedly targeted Black people for decades.

“This is not the oath that I swore to uphold.”