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Law Review Article | Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?
By Beth Graham - March 22, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored an interesting article entitled, “Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?” Nevada Law Journal, Vol. 11, April 2011; The Pennsylvania State University Legal Studies Research Paper No. 6-2011; Conflict Resolution and the Economic Crisis, Symposium Issue. In her article,
Law Review Article | Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders
By Beth Graham - March 17, 2011
Dr. Michael A. Helfand, Associate Professor of Law and Associate Director, Glazer Institute for Jewish Studies at the Pepperdine University School of Law, recently authored an interesting article entitled “Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders,” 86 N.Y.U. L. Review, __ (2011), Forthcoming. In his article, Professor Helfand discusses religious arbitration agreements and awards and offers policy re
Article | Changing Minds: The Work of Mediators and Empirical Studies of Persuasion
By Beth Graham - March 1, 2011
James H. Stark, Professor of Law and Director of the Mediation Clinic at the University of Connecticut School of Law, and Douglas N. Frenkel, Morris M. Schuster Practice Professor of Law and Head of the Mediation Clinic at the University of Pennsylvania School of Law, recently examined empirical research findings on persuasion and its effect on mediation in Changing Minds: The Work of Mediators and Empirical Studies of Persuasion (February 17, 20
Law Review Article | Contract and Procedure
By Beth Graham - February 17, 2011
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, and Peter B. Rutledge, Associate Professor of Law at the University of Georgia School of Law, recently authored a theoretical and empirical law review article entitled Contract and Procedure, (February 14, 2011), Marquette Law Review, Forthcoming; University of Kansas School of Law Working Paper No. 2011-1; UGA Legal Studies Research Paper No. 11-0
Foreclosure Mediation Legislation Referred to Senate Judiciary Committee
By Beth Graham - February 10, 2011
Sen. Sheldon Whitehouse (D – Rhode Island) has introduced legislation that would provide bankruptcy court judges with the option to require homeowners undergoing bankruptcy and their lenders to engage in foreclosure mediation. According to DS News magazine, Whitehouse’s proposal is modeled after a court program in his home state of Rhode Island. He says it would not give judges the power to slash mortgage debt like the many bankruptcy cramd
Article | Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard
By Beth Graham - February 8, 2011
Michael H. LeRoy, Professor of Labor and Industrial Relations and Law at the University of Illinois College of Law, recently published a law review article entitled Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard, Boston College Law Review, Vol. 52, No. 1, p. 137, 2011; Illinois Program in Law, Behavior and Social Science Paper. In his article, Professor LeRoy examines the effect Hall Street Associates v. M
Article | Revelation and Reaction: The Struggle to Shape American Arbitration
By Beth Graham - January 28, 2011
Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution, was the keynote speaker at Fordham Law School’s Fifth Annual Alternative Dispute Resolution Symposium. At the Symposium, Professor Stipanowich presented a paper entitled “Revelation and Reaction: The Struggle to Shape American Arbitration.” The pape
Article | United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules
By Beth Graham - January 24, 2011
Earlier this month, Stephen P. Anway, a partner in the Cleveland, OH office of Squire, Sanders & Dempsey, LLP, authored an article which summarizes recent changes to United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The article, entitled United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules, discusses the revisions to the UNCITRAL Arbitration Rules, adopted in 2010. As stat
Article | The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?
By Beth Graham - January 11, 2011
Carrie Menkel-Meadow, A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure at Georgetown University Law Center and Chancellor’s Professor of Law at the University of California Irvine School of Law, recently published The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?, ABA Journal of Labor & Employment Law, October 19 2010; UC Irvine School of Law Legal Studies Research Paper No. 2010-28. In her arti
Law Review Article | I Could Have Been a Contender…
By Beth Graham - January 4, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored “I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal’s Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution,” 114 Penn St. L. Rev. Vol. 114:4, No. 1149, 2010. In her article, Professor Welsh argues that recent U.S. Supreme Court decisions may be underminin
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