News
ContractsProf Blog: Charlie Sheen Claims that Arbitration Provision is Unconscionable
May 3, 2011
ContractsProf Blog: Charlie Sheen Claims that Arbitration Provision is Unconscionable http://lawprofessors.typepad.com/contractsprof_blog/2011/04/charlie-sheen-claims-that-arbitration-provision-is-unconscionable.html
May 3, 2011
ContractsProf Blog: Charlie Sheen Claims that Arbitration Provision is Unconscionable http://lawprofessors.typepad.com/contractsprof_blog/2011/04/charlie-sheen-claims-that-arbitration-provision-is-unconscionable.html
The Critical Path: Tools for Resolving Construction Disputes: A Hard Lesson About Settlement Agreements
May 3, 2011
The Critical Path: Tools for Resolving Construction Disputes: A Hard Lesson About Settlement Agreements http://www.resolvingconstructiondisputes.com/2011/04/articles/litigation-1/a-hard-lesson-about-settlement-agreements/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TheCriticalPathToolsForResolvingConstructionDisputes+%28The+Critical+Path%3A+Tools+for+Resolving+Construction+Disputes%29&utm_content=Google+Reader
May 3, 2011
The Critical Path: Tools for Resolving Construction Disputes: A Hard Lesson About Settlement Agreements http://www.resolvingconstructiondisputes.com/2011/04/articles/litigation-1/a-hard-lesson-about-settlement-agreements/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TheCriticalPathToolsForResolvingConstructionDisputes+%28The+Critical+Path%3A+Tools+for+Resolving+Construction+Disputes%29&utm_content=Google+Reader
CPR Institute: CPR Announces the 2011 Relaunch of its National Panel of Distinguished Neutrals
May 3, 2011
CPR Institute: CPR Announces the 2011 Relaunch of its National Panel of Distinguished Neutrals http://www.cpradr.org/Default.aspx?&gv1252__gvac=2&tabid=92&gv1252__gvff4=TX&gv1252__gvfl4=4 ["CPR’s Panels of Distinguished Neutrals comprise the most highly qualified mediators and arbitrators from throughout the world. They include prominent attorneys, retired state and federal judges, business executives, legal experts, academics, and ADR professionals who are particularly well...
May 3, 2011
CPR Institute: CPR Announces the 2011 Relaunch of its National Panel of Distinguished Neutrals http://www.cpradr.org/Default.aspx?&gv1252__gvac=2&tabid=92&gv1252__gvff4=TX&gv1252__gvfl4=4 ["CPR’s Panels of Distinguished Neutrals comprise the most highly qualified mediators and arbitrators from throughout the world. They include prominent attorneys, retired state and federal judges, business executives, legal experts, academics, and ADR professionals who are particularly well...
The Frontal Cortex: The Messy Reality Of Judicial Decisions
May 3, 2011
The Frontal Cortex: The Messy Reality Of Judicial Decisions http://www.wired.com/wiredscience/2011/04/the-messy-reality-of-judicial-decisions/
May 3, 2011
The Frontal Cortex: The Messy Reality Of Judicial Decisions http://www.wired.com/wiredscience/2011/04/the-messy-reality-of-judicial-decisions/
Disputing: Dallas COA Refuses to Compel Non-Signatory to Arbitration
May 3, 2011
Disputing: Dallas COA Refuses to Compel Non-Signatory to Arbitration http://www.karlbayer.com/blog/?p=13361
May 3, 2011
Disputing: Dallas COA Refuses to Compel Non-Signatory to Arbitration http://www.karlbayer.com/blog/?p=13361
CNN: 7 steps to making better decisions
May 2, 2011
CNN: 7 steps to making better decisions http://www.cnn.com/2011/LIVING/04/22/tips.decision.making.o/
May 2, 2011
CNN: 7 steps to making better decisions http://www.cnn.com/2011/LIVING/04/22/tips.decision.making.o/
Ninth Circuit Dissent (cert granted today): "As the majority acknowledges, Congress has manifested “a liberal federal policy favoring arbitration agreements.” Under the Federal Arbitration Act, courts should enforce arbitration agreements involving statutory claims “ ‘unless Congress itself has evinced an intention to preclude a waiver of judicial remedies for the statutory rights at issue.’ ” Congress’ intent to preclude a waiver of judicial remedies must be shown by the statute’s text, its legislative history, or an inherent conflict between arbitration and the statute’s underlying purpose. Plaintiffs bear the burden of showing that Congress intended to preclude a waiver of a judicial forum for CROA claims. (“The burden is on the party opposing arbitration . . . to show that Congress intended to preclude a waiver of judicial remedies for the statutory rights at issue.”). The majority concludes that the plain language of 15 U.S.C. § 1679c(a) provides consumers with the “right to sue,” that the right to sue implies a judicial forum, and that 15 U.S.C. § 1679f prohibits any waiver of this right. I submit, however, that the plain language of § 1679c(a) does not confer this right upon consumers, and neither the CROA nor its legislative history shows that Congress intended to preclude a waiver of judicial remedies. . . . We should not lightly create a circuit split on an issue of national application on the basis of the flimsy evidence on which the majority relies. http://www.ca9.uscourts.gov/datastore/opinions/2010/08/17/09-15906.pdf
May 2, 2011
Ninth Circuit Dissent (cert granted today): "As the majority acknowledges, Congress has manifested “a liberal federal policy favoring arbitration agreements.” Under the Federal Arbitration Act, courts should enforce arbitration agreements involving statutory claims “ ‘unless Congress itself has evinced an intention to preclude a waiver of judicial remedies for the statutory rights at issue.’ ” Congress’ intent to preclude a waiver of judicial remedies must be shown by the statute’s...
May 2, 2011
Ninth Circuit Dissent (cert granted today): "As the majority acknowledges, Congress has manifested “a liberal federal policy favoring arbitration agreements.” Under the Federal Arbitration Act, courts should enforce arbitration agreements involving statutory claims “ ‘unless Congress itself has evinced an intention to preclude a waiver of judicial remedies for the statutory rights at issue.’ ” Congress’ intent to preclude a waiver of judicial remedies must be shown by the statute’s...
Ninth Circuit (cert granted today): "This appeal presents the question, inter alia, as to whether the word “sue,” as used in the Credit Repair Organization Act (“CROA”), means “arbitrate.” Or, perhaps the question is, as Alice put it: “whether you can make words mean so many different things?”"
May 2, 2011
Ninth Circuit (cert granted today): "This appeal presents the question, inter alia, as to whether the word “sue,” as used in the Credit Repair Organization Act (“CROA”), means “arbitrate.” Or, perhaps the question is, as Alice put it: “whether you can make words mean so many different things?”" http://www.ca9.uscourts.gov/datastore/opinions/2010/08/17/09-15906.pdf
May 2, 2011
Ninth Circuit (cert granted today): "This appeal presents the question, inter alia, as to whether the word “sue,” as used in the Credit Repair Organization Act (“CROA”), means “arbitrate.” Or, perhaps the question is, as Alice put it: “whether you can make words mean so many different things?”" http://www.ca9.uscourts.gov/datastore/opinions/2010/08/17/09-15906.pdf
SCOTUS Blog: Whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement?
May 2, 2011
SCOTUS Blog: Whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement? http://www.scotusblog.com/2011/05/details-on-today%E2%80%99s-orders-and-opinions/
May 2, 2011
SCOTUS Blog: Whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration agreement? http://www.scotusblog.com/2011/05/details-on-today%E2%80%99s-orders-and-opinions/
NYT: In a Data-Heavy Society, Being Defined by the Numbers
May 2, 2011
NYT: In a Data-Heavy Society, Being Defined by the Numbers http://www.nytimes.com/2011/04/23/your-money/23shortcuts.html?_r=1
May 2, 2011
NYT: In a Data-Heavy Society, Being Defined by the Numbers http://www.nytimes.com/2011/04/23/your-money/23shortcuts.html?_r=1
