The gathering of the Mandela Fellows, class of 2017, at Rutgers, thanks to President Obama’s initiative. Six thousand individuals apply, less than 100 are able to be supported. It’s a privilege to work with them, to teach and to learn from them.
Neil M. Gorsuch, the Tenth U.S. Circuit Court of Appeals judge that President Trump has nominated to serve on the U.S. Supreme Court, has expressed, in opinions, some indications as to how he looks at arbitration. Russ Bleemer, editor of Alternatives to the High Cost of Litigation, has researched Gorsuch’s opinions. Excerpts from his early February, 2017, memo to CPR staff follow:
Arbitration: From Gorsuch’s own words:
“Everyone knows the Federal Arbitration Act favors arbitration,” (Howard v. Ferrellgas Partners) but, he emphasized, “before the Act’s heavy hand in favor or arbitration swings into play, the parties themselves must agree to have their disputes arbitrated….While Congress has chosen to preempt state laws that aim to channel disputes into litigation rather than arbitration, even under the FAA it remains a ‘fundamental principle’ that ‘arbitration is a matter of contract,’ not something to be foisted on the parties at all costs.”
If confirmed quickly, Gorsuch could find himself participating in the decisions on three cases taken by the Court on January 13, 2017, that will be argued together this term and will settle whether employees can be required as a condition of employment to arbitrate their workplace disputes individually, while waiving their rights to a class process.
See postings on CNCR Facebook page regarding background on these cases and the issues in contention and the column in Alternatives on mandatory arbitration co-authored by Stamato and Jaffe.
To celebrate the new Gov. James J. Florio Distinguished Scholar Policy Lecture series, former senator Bill Bradley recently spent a day at the Bloustein School. Over the course of the day he met with both students and faculty. At the first discussion the former senator engaged with 15 planning and policy students over lunch. In the afternoon, former Senator Bradley spoke for an hour in the Governor James J. Florio Special Events Forum.
Senator Bradley, along with former Governor James Florio, spoke with the students for almost two hours about his experiences before and after his senate career. There was also an open question and answer period where the students asked specific questions on a variety of topics. The discussion included the 2016 Presidential election, the viability of the current two-party system, the candidacy of Donald Trump, and how the former senator used interpersonal relationships to overcome partisanship within the federal government.
Posted, here, is the annual report from the Carnegie Endowment on its efforts this year in advancing the cause of peace among nations, hastening the renunciation of war as an instrument of national policy, encouraging and promoting methods for the peaceful settlement of international differences and for increasing international understanding and concord, and, finally, aiding in the development of international law and the acceptance by all nations of the principles underlying such law.View Report
Pop-Topics: Conflict Resolution Locally & Globally
Thursday, April 16, 2015 4:00‐6:00pm
Location Host: U.S. Government Accountability Office (GAO)
441 G St, NW, Washington, DC 20548