Karl Bayer's Disputing Blog

Constitutional Conundrums in Arbitration

By Beth Graham - March 25, 2013

S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘s Center for the Study of Dispute Resolution, recently published a thoughtful book review entitled Constitutional Conundrums in Arbitration, 15 Cardozo Journal of Conflict Resolution __ (forthcoming 2013). Here is the abstract: Professor Peter Rutledge’s new book, Arbitration and the Constitution (Cambridge University Press, 2013), offers t

What Judges Write When They Write About Mediation

By Beth Graham - March 17, 2013

Professor Jennifer W. Reynolds of the University of Oregon School of Law has published a thoughtful article entitled Judicial Reviews: What Judges Write When They Write About Mediation, Penn State Yearbook on Arbitration & Mediation, Vol. 5, 2013. In her publication, Professor Wilson discusses the role of mediation in the legal system from a judge’s perspective. Here is the abstract: Judges are uniquely positioned to comment on the phenomenon

Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration

By Beth Graham - March 14, 2013

Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: Internatio

How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act

By Beth Graham - March 11, 2013

Jodi Wilson, Assistant Professor of Law and Director of Legal Methods at the University of Memphis’ Cecil C. Humphreys School of Law, has published a timely article entitled How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act, Case Western Reserve Law Review, Vol. 63, No. 1, 2012; University of Memphis Legal Studies Research Paper No. 122. In the article, Professor Wilson discusses the policy behind the Federal Arbitration A

Landmark Survey Reveals Trends in Evolution of ADR

By Karl Bayer - March 4, 2013

Disputing is pleased to announce a seven part series exploring the findings of Thomas Stipanowich and Ryan Lamare in their notably significant research paper, “Living with ADR: Evolving Perceptions and Use of Mediation. Arbitration and Conflict Management in Fortune 1,000 Companies.“ Following the format of Stipanowich and Lamare’s paper, Part One will background the history of ADR and it’s emergence as an alternati

Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards

By Beth Graham - March 4, 2013

Pennsylvania State University’s William Trickett Faculty Scholar and Professor of Law Nancy Welsh has published a thoughtful paper entitled Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards, 42 Southwestern University Law Review 187, 2012; Penn State Legal Series Research Paper No. 1-2013. In her paper, Professor Welsh discusses the increasing use of mandatory consumer arbitration clauses that inc

Evolving Perceptions of ADR at America’s Fortune 1,000 Companies

By Beth Graham - February 25, 2013

Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Ryan Lamare (Pennsylvania State University) have posted a paper entitled “Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations” on the Social Science Research Network. Here is the abstract: As attorneys for the world’s most visible clients, corporate counsel played a key role in the tran

Graying Federal Judges Weigh Consequences of Retirement

By Beth Graham - February 20, 2013

The Honorable W. Royal Furgeson, Jr., Senior U.S. District Court Judge for the Northern District of Texas, has published an interesting article in the February 2013 Texas Bar Journal entitled “Senior Judges of the Federal Courts: Their Choices and the Consequences.” In the article, Judge Furgeson discusses the often difficult choices federal judges face after reaching retirement age and the effect those choices can have on both a judge’s ability

Arbitrating Antitrust Claims, Class Action Waivers and the ‘Effective Vindication’ Rule

By Beth Graham - February 18, 2013

Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has published a research paper entitled “Arbitrating Federal Antitrust Claims, Class Action Waivers, and the ‘Effective Vindication’ Rule,” Univ. of Texas Law, Public Law Research Paper No. 349. The paper is a preview of the issues before the United States Supreme Court in American Express Corp. v. Italian Colors Rest

Arbitration of Trust Disputes: When Two Bodies of Law Collide

By Beth Graham - February 11, 2013

Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog) has published “Arbitration of Trust Disputes: Two Bodies of Law Collide,” 45 Vanderbilt Journal of Transnational Law 1157 (2012). Here is the abstract: Once considered nothing more than “mere” estate-planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of do