The Program on Negotiation at Harvard Law School has come up with a list of its Top 10 Negotiation Stories of 2012. Number one on their list is the fiscal cliff negotiation playing out in the nation’s capital. Here is part of what the Program on Negotiation (PON) had to say about the fiscal cliff negotiations: [...]
“Baseball arbitration,”a form of arbitration which got its name from the national pass time, is gaining traction in the non-sports world. What exactly is baseball arbitration and what are its advantages? Baseball arbitration, like all arbitration, is a creature of agreement. An agreement to engage in baseball arbitration usually is entered into at the time of contracting in [...]
Late last week the United States Supreme Court granted certiorari to another arbitration case. The case is Oxford Health Plans LLC v. Sutter. Its resolution will settle a circuit split between the Second and Third Circuits on the one hand and the Fifth Circuit on the other. The question is whether an arbitrator is within his [...]
Recently the United States Supreme Court in Arkansas Game and Fish Commission v. United States, determined that temporary flooding can constitute a taking under the Takings Clause of Fifth Amendment. [1] The facts of the case are straightforward. The Arkansas Game and Fish commission owns 23,000 acres adjacent to the Black River which it operates as wildlife [...]
The American Bar Association Section of Dispute Resolution has a Guide to Dispute Resolution Processes I highly recommend this as a valuable resource for the public. The Section of Dispute Resolution says its purpose in publishing the Guide is “to educate members of the public about dispute resolution processes commonly used to resolve legal, community, [...]
Another example of the legacy of the Kelo case has arisen in Columbia, Missouri. On April 2 the voters there will decide: whether to prohibit the City from: (1) using eminent domain to acquire property for economic development” if the City intends that the property will end up in private hands for private purposes, and [...]
