For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs: FRCP 23, the Federal Arbitration Act, and traditional principles of contract formation. Accustomed to managing customer complaints but unwilling to expose themselves to the coercion of class actions, companies have...
Many of the presentations at the ABA Dispute Resolution Section Meeting introduced new books in the field. A notable example was Prof. Lela Love and her co-editor Glen Parker explaining the ongoing effort to open up mediation to people around the world who have may not have experienced it by...
Lincoln famously wrote: “As a peacemaker the lawyer has a superior opportunity of being a good man.” Without challenging this proposition, I have often wondered to what extent lawyers are uniquely positioned to achieve “goodness,” or to do “good” for others. Don’t teachers also have a “superior opportunity” to do...
There is so much to do, see, hear and learn at the ABA Dispute Resolution Spring Meeting that I frequently find myself at a loss how best to spend my time. If you find yourself in such a quandary, I urge you to consider, at 1:45 p.m. Friday, in Room...
In March 2017, New York Law School and the American Arbitration Association convened a discussion of "Hot Topics in Arbitration," one of which involved third party funding. The event was taped and the provocative discussion can be viewed here. The issue is also addressed in a terrific article appearing in the...
The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy with the February 2017 release of Terms and Conditions: The Graphic Novel, by Robert Sikoryak. The artist has taken the complete text of the iTunes Terms and Conditions and set them to graphic comics form. Moreover, each...
Those who know me, know that I am an avid enthusiast of Richard Wagner's theatre works. This year alone I have attended a Ring Cycle in Washington, a performance of Das Rheingold in Chicago, a new productions of Tristan und Isolde at the Metropolitan Opera, another Tristan at the English...