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Article | From Class to Collective: The De-Americanization of Class Arbitration
By Beth Graham - November 16, 2010
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, recently wrote an interesting article entitled From Class to Collective: The De-Americanization of Class Arbitration, Arbitration International, Vol. 26, No. 4, 2010. In the article, Professor Strong considers in detail what new forms of group arbitration will likely arise in the future. Here is the Abstract: Opponents to international class arbitra
Guest Post Part I | AT&T Mobility LLC v. Concepcion: Can Discover Bank Withstand Stolt-Nielsen Scrutiny?
By Beth Graham - November 8, 2010
by Philip J. Loree Jr. Part I: Introduction Virtually every year the United States Supreme Court’s docket features a number of politically-charged, controversial cases, plus some run-of-the-mill ones that do not inspire much in the way of intensive, ideological debate. Generally the Court’s arbitration-related cases fall into this latter category, though last term saw the Court decide 5-3 and 5-4 along ideological lines two politically controvers
GUEST-POST | More Interest in Empirical Data Weighing on Case Evaluations
By Beth Graham - September 29, 2010
by Don Philbin Earlier this month, I was pleased to be the invited luncheon speaker for the Advanced Texas Administrative Law Seminar in Austin. Of course, I knew that my job was to discuss advanced decision analysis and the analytical and graphical illustration tools that I’ve been working on to help communicate such case analyses. What I didn’t know was that I would be followed by an excellent presentation that would drill into appe
Law Review Article | Still Litigating Arbitration in the Fifth Circuit, But Less Often
By Victoria VanBuren - September 2, 2010
We invite you to read Donald R. Philbin, Jr. and Audrey Lynn Maness‘ latest Fifth Circuit law review article, Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010). Here is an excerpt: Arbitration remains under national klieg lights. It has “become a wide-ranging surrogate for civil litigation” in a wider variety of contracts than at any time in our nation?s history. This increased use has reveal
American Review of International Arbitration Article | Understanding (and Misunderstanding) ‘Primary Jurisdiction’
By Victoria VanBuren - August 31, 2010
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Understanding (and Misunderstanding) “Primary Jurisdiction, American Review of International Arbitration (forthcoming). Here is the abstract: In our “Westphalian” regime of international arbitration, conflict and competition between national jurisdictions, with overlapping and yet plausible claims to supervise the process, become inevitable. The conv
Legal Issues in the Development of the Internet | State Bar of Texas WEBCAST, Aug 25th
By Victoria VanBuren - August 18, 2010
Mark your calendars! Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will host “Legal Issues in the Development of the Internet: The Five Big Bang Theory,” a State Bar of Texas Webcast on Wednesday, August 25, 2010 from 12:30-1:30pm CST. TOPICS: Statutes and judicial rulings have impacted the development of the Internet, and this program will include a description of how laws including antitrust and in
Article | Research in International Commercial Arbitration: Special Skills, Special Sources
By Victoria VanBuren - August 12, 2010
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, wrote recently the interesting article International Commercial Arbitration: Special Skills, Special Sources, American Review of International Arbitration, Vol. 20, No. 2, 2010. Professor Strong discusses practical issues confronting young attorneys in international commercial arbitration. Here is an excerpt: I. INTRODUCTION International commercial
GUEST-POST | eDiscovery Update: Special Masters and eMediation
By Victoria VanBuren - July 28, 2010
By Peter S. Vogel Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and Special Masters in eDiscovery. Over the past 20 years I have served as a Mediator and Special Master in compu
GUEST-POST PART X | Questions Clients Have about Mediation: Is There a Recipe for a Successful Mediation?
By Victoria VanBuren - July 26, 2010
By Kent B. Scott and Cody W. Wilson The success of mediation is mainly determined by the parties. It is their process and they are in control of the ultimate result. While there is no guarantee that any mediation will succeed, there are some common elements found in successful mediations: The mediator selected by the parties had the skills, knowledge and style (i.e., evaluative or facilitative) that fit the dispute and personalities involved in t
Social Media: eMail, SPAM, Spyware, and Phishing | State Bar of Texas Webcast, July 28, 2010
By Victoria VanBuren - July 23, 2010
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will host “Social Media: eMail, SPAM, Spyware, and Phishing,” a State Bar of Texas Webcast on Wednesday, July 28th 12:30-1:30pm CST. DESCRIPTION: The Internet has transformed communications as evidenced by the current estimate that over 210 billion emails are sent daily, 50 million tweets are sent daily, and over 1.5 trillion text messages were sent
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