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Unsend Email? Two Harvard Law Students Have a Way
May 1, 2014
It has happened to all of us, I’m sure. You hit “send,” only to realize autofill has provided the wrong address. Or, you “reply...
May 1, 2014
It has happened to all of us, I’m sure. You hit “send,” only to realize autofill has provided the wrong address. Or, you “reply...
Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute
May 1, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration. In Crawford Professional Drugs, et al. v. CVS Caremark Corp., et al., No. 12-60922 (5th Cir. April 4, 2014), 23 drugstores that participated in a pharmacy benefit-management network offered by CVS claim the corporation inappropriately used...
May 1, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration. In Crawford Professional Drugs, et al. v. CVS Caremark Corp., et al., No. 12-60922 (5th Cir. April 4, 2014), 23 drugstores that participated in a pharmacy benefit-management network offered by CVS claim the corporation inappropriately used...
Contractual Waivers of Investment Arbitration: Wa(I)ve of the Future?
May 1, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has publishedContractual Waivers of Investment Arbitration: Wa(I)ve of the Future?, 29 ICSID Review-Foreign Investment Law Journal 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-13. In her article, Professor Strong analyzes whether a contractual waiver of investment arbitration may be enforceable. Here is the abstract: In late 2013, the Republic of Colombia made...
May 1, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has publishedContractual Waivers of Investment Arbitration: Wa(I)ve of the Future?, 29 ICSID Review-Foreign Investment Law Journal 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-13. In her article, Professor Strong analyzes whether a contractual waiver of investment arbitration may be enforceable. Here is the abstract: In late 2013, the Republic of Colombia made...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V
April 30, 2014
The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According to some scholars, computer-mediated communication (CMC), which is inextricably linked with ODR, facilitates the interaction process through the use of computers; however, with e-negotiation, for example, it is also believed that [CMC] can undercut the effectiveness of negotiation and lead to “misunderstandings, sinister attributions, and ultimately, negotiation impasse.”[1] Research...
April 30, 2014
The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According to some scholars, computer-mediated communication (CMC), which is inextricably linked with ODR, facilitates the interaction process through the use of computers; however, with e-negotiation, for example, it is also believed that [CMC] can undercut the effectiveness of negotiation and lead to “misunderstandings, sinister attributions, and ultimately, negotiation impasse.”[1] Research...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IV
April 30, 2014
While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on international case management (e.g. AAA, CPR). As mentioned before, CPR has joined...
April 30, 2014
While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on international case management (e.g. AAA, CPR). As mentioned before, CPR has joined...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III
April 30, 2014
Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.[1] Fair consideration cannot be given to each provider of online dispute resolution, but an examination of a few examples reveals how the process operates. Major Arbitration Providers and ODR services In the world of Alternative Dispute Resolution, the American Arbitration...
April 30, 2014
Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.[1] Fair consideration cannot be given to each provider of online dispute resolution, but an examination of a few examples reveals how the process operates. Major Arbitration Providers and ODR services In the world of Alternative Dispute Resolution, the American Arbitration...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part II
April 30, 2014
Online Dispute Resolution means exactly what it says: it is a method of resolving disputes through the use of an “online”...
April 30, 2014
Online Dispute Resolution means exactly what it says: it is a method of resolving disputes through the use of an “online”...
Online Dispute Resolution: An Amorphous Concept, Yet an Effective Tool Part I
April 30, 2014
Technology is becoming an ever more integrated part of society, playing a role—or at the very least touching—nearly every aspect of daily life. The world of arbitration is no exception to this phenomenon. Parties are increasingly taking advantage of online dispute resolution (ODR) to resolve issues. This is not particularly surprising, as the world of alternative dispute resolution is growing and people are looking for faster, cheaper, easier ways to solve their problems. Online Dispute...
April 30, 2014
Technology is becoming an ever more integrated part of society, playing a role—or at the very least touching—nearly every aspect of daily life. The world of arbitration is no exception to this phenomenon. Parties are increasingly taking advantage of online dispute resolution (ODR) to resolve issues. This is not particularly surprising, as the world of alternative dispute resolution is growing and people are looking for faster, cheaper, easier ways to solve their problems. Online Dispute...
During the “Lean” Years, Will Legal Scholarship Become More Practice Oriented?
April 29, 2014
Professor Orin Kerr (George Washington) opines in this post at the Volokh Conspiracy (courtesy of the Washington Post)...
April 29, 2014
Professor Orin Kerr (George Washington) opines in this post at the Volokh Conspiracy (courtesy of the Washington Post)...
Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision
April 29, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law. In D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), a divided appeals court reversed the National Labor Relations Board’s (NLRB) decision that the compulsory agreement violated the workers’ right to collective...
April 29, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law. In D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), a divided appeals court reversed the National Labor Relations Board’s (NLRB) decision that the compulsory agreement violated the workers’ right to collective...
