CSDR-LL.M. E-newsletter Archives

Vol. 10, Issue 1 - September 15, 2009

What’s Inside:

CSDR / LL.M. PROGRAM NEWS

ANNUAL DISPUTE RESOLUTION SYMPOSIUM
THE “CREEPING LEGALISM” OF LABOR ARBITRATION
OCT. 9, MU LAW SCHOOL
The Center for the Study of Dispute Resolution is sponsoring a symposium that seeks to reignite the discussion on the legalization of labor arbitration. Prof. Rafael Gely has organized this event to be held on Fri., Oct. 9 in Hulston Hall. Prof. Richard Reuben and Prof. S.I. Strong will serve as moderators for the two panels. For details on this event, see http://law.missouri.edu/csdr/symposium/labor09/. Opening remarks and the keynote speaker will be in room 7 and the two subsequent panels will be in room 112 (the Courtroom).

BOB BAILEY APPOINTED TO SUPREME COURT COMMISSION
The Missouri Supreme Court appointed Prof. Bob Bailey, director of the Center for the Study of Dispute Resolution, to the Commission on Alternative Dispute Resolution. This committee is charged with reviewing the provisions of Rule 17, Rule 88, and the final report of the Commission on Alternative Dispute Resolution Services in Domestic Relations Cases. It will report to the Court any recommendations for improving the use of alternative dispute resolution services. Also, recently, Prof. Bailey and Morley Swingle (JD ‘80) were the featured guests at a novel program called “Navigating the Hemispheres” at Cape Girardeau's Southeast Missouri Hospital.

PROF . RAFAEL GELY SERVED AS EVALUATION TEAM MEMBER OVER THE SUMMER
Prof. Rafael Gely served as member of an evaluation team organized by the Consejo de Educacion Superior de Puerto Rico (Puerto Rico Council of Higher Education) this summer. The team evaluated a proposed new ADR-related program in one of the Island's law schools.

PROF. JIM LEVIN TAUGHT ABROAD IN SUMMER
Prof. Jim Levin taught in a summer study abroad program in Austria and Croatia offered through the Georgia State University College of Law. The program – primarily focusing on international commercial arbitration – was housed at Johannes Kepler University in Linz, Austria. Students and faculty spent the last week of the program in Dubrovnik, Croatia.

PROF. RICHARD REUBEN TEACHES SUMMER COURSE
Prof. Richard Reuben taught a summer course in the Psychology of Conflict at Pepperdine Law School in Malibu, CA.

PROF. S.I. STRONG PUBLISHES ARTICLE AND IS CITED IN SUPREME COURT BRIEFS
Prof. S.I. Strong's latest article, "Research in International Commercial Arbitration: Special Skills, Special Sources," has been accepted for publication in The American Review of International Arbitration. The article is a follow-up to her book, Research and Practice in International Commercial Arbitration: Sources and Strategies, published by Oxford University Press. Two of her articles on international class arbitration have been cited on the merits in briefs to the U.S. Supreme Court in Stolt-Nielsen SA v. AnimalFeeds Int'l Corp. The first, “Enforcing Class Arbitration in the International Sphere: Due Process and Public Policy Concerns,” 30 University of Pennsylvania Journal of International Law 1 (2008), was cited in the Brief for Petitioner on the merits and by two amicus briefs (the American Arbitration Association and the Association for Ship Owners). The second, “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” 30 Michigan Journal of International Law 1017 (2009), was cited in draft form in the amicus brief of the Association for Ship Owners. The briefs can be found at http://www.abanet.org/publiced/preview/briefs/unscheduled.html.

LL.M. STUDENT & ALUMNI NEWS

LL.M. PROGRAM WELCOMES NEW CLASS OF STUDENTS
The LL.M. Program welcomes its new and continuing students for the start of its eleventh academic year. This is another very experienced, talented, exciting, and diverse group of people. This is the largest entering class since the Program began, with eighteen new students in addition to three continuing students. This class includes three people with significant dispute resolution experience who do not have a law degree. It also includes students from China, Iraq, Jamaica, the Philippines, South Africa, Uganda, and Zambia. Biographies of this year's class are posted at http://law.missouri.edu/csdr/llm/current-students.html. Welcome all!

KALISIA FINDLEY NAMED TO MEDIATOR ROSTER IN JAMAICA
New LL.M. student Kalisia Finley was approved by the Chief Justice of Jamaica to be added to the Supreme Court Roster of Mediators.

LYNN MALLEY WILL PRESENT AT ACR CONFERENCE
Lynn Malley (JD '84, LLM '03) will be a panelist at a program of the annual Association for Conflict Resolution conference, Oct. 7-10, in Atlanta, GA. Her session is entitled “Healing the Divide: What Do CR Professionals Have to Offer U.S. Service Members and Their Families as the War on Terror Goes On?”.

ART HINSHAW POSTS ETHICS ARTICLE AND WILL PRESENT TALK ON ETHICS IN OREGON
Art Hinshaw (JD '93, LLM '00) posted on SSRN an article entitled, “Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics,” (coauthored with Jess K. Alberts) at http://ssrn.com/abstract=1417666. The article reports on a survey of 734 practicing lawyers asking what they would do if a client asks them to assist him in a fraudulent pre-litigation settlement scheme and finds that nearly one-third said they would agree to a client's overtures to engage in the scheme. The article recommends clarification of the ethical rules, better education of lawyers, and increased enforcement of the rules. Also, Art will be a presenter at the University of Oregon's 23rd Annual Mediation Association Conference on Nov. 6-7. He will be speaking on “The Elephant in the Room: A Look at Attorney Negotiation Ethics.”

HONG HU WELCOMES DAUGHTER TO FAMILY
Hong Hu (LL.M. ‘01) and her husband, Chaochun Wei, are the proud parents of a daughter, Shuyao Wei. She is now five and an half months old. Hong works in the Shanghai office of the Kaye Scholer firm and her husband is an associate professor in bioinformatics at Shanghai Jiaotong University. Congratulations!

BRIAN PAPPAS PUBLISHED AN ARTICLE ON ONLINE DISPUTE RESOLUTION
Brian A. Pappas (LL.M. '08) published “Online Court: Online Dispute Resolution and the Future Of Small Claims,” at 2008 UCLA Journal of Law & Technology 1. The article argues that online dispute resolution (ODR) cases, which often involve small dollar amounts, distant parties, and sometimes obscure issues, is ideally suited to handle small claims cases, and that courts should use ODR to handle small claims cases.

PAULA YOUNG CONDUCTED MEDIATION ETHICS TRAINING
In August, Paula Young (LL.M. '03) gave a training program on mediator ethics to about 60 mediators at the West Virginia Bar Association Advanced Mediation Seminar.

CONFERENCES / RESOURCES / CONTESTS

MU SCHOOL OF SOCIAL WORK FALL CONFERENCE
SEPT. 25, COLUMBIA, MO
The University of Missouri School of Social Work fall conference will feature Nina Balsam speaking on “Restorative Justice:  The More Effective and Ethical Way of Responding to Crime and Harm.” The conference will be held in Jesse Wrench auditorium on the MU campus on Sept. 25. For more information on the Missouri Restorative Justice Center, see www.morjc.org. For information on this conference, e-mail colemanl@missouri.edu.

CPR CALL FOR NOMINATIONS AND ENTRIES
The International Institute for Conflict Prevention and Resolution's 27th Annual Awards program requests nominations for a book, article, course, or web/blog. One category is for papers written by students. Nomination deadline: Oct. 30.

ASSOCIATION OF MISSOURI MEDIATIORS ANNUAL CONFERENCE
OCT. 31, MU LAW COURTROOM

The Association of Missouri Mediators will hold its 11th Annual Conference on Saturday, Oct. 31, in the courtroom in Hulston Hall. Two of the featured speakers are LL.M. graduates, Jim Reeves (LL.M. '04) and Stephen Stark (JD' 86, LL.M. '00).

INTERNATIONAL OMBUDSMAN ASSOCIATION WRITING CONTEST
The International Ombudsman Association announces it is sponsoring its inaugural annual writing contest for students in law school or graduate programs in dispute resolution. The winner will receive a $2500 prize and invitation to the IOA conference in April in New Orleans. Submission deadline: Nov. 15.

JOB/FELLOWSHIP ANNOUNCEMENTS

FULL PROFESSOR ADR, UNIVERSITY OF SHERBROOKE FACULTY OF LAW
QUEBEC, CANADA
The University of Sherbrooke Faculty of Law in Quebec, Canada seeks candidates for a full professor in alternative dispute resolution (ADR, mediation, negotiation and arbitration), who will teach in French. Application deadline: Sept. 22.

KROC INSTITUTE FELLOWS, UNIVERSITY OF NOTRE DAME
NOTRE DAME, IN
The Kroc Institute's Visiting Research Fellows Program invites researchers interested in peace research to be a research fellow the University of Notre Dame for all or part of the 2010-2011 academic year. It seeks a scholar-practitioner with experience in conflict mediation and transformation, who can teach graduate and undergraduate courses in conflict analysis and resolution theory and practice with a particular focus on skill building for peace studies students, and participate in joint research and outreach projects of the Institute. Application deadline: Nov. 1.

DOCTORAL RESEARCH POSITIONS, UNIVERSITY OF HEIDELBURG
HEIDELBURG, GERMANY
The Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany is accepting applications for several doctoral research positions in the areas of international law, international private law and international criminal law beginning January 1, 2010 or later.

PERMANENT FACULTY POSITIONS, TEXAS WESLEYAN UNVERSITY SCHOOL OF LAW
FORT WORTH, TX
Texas Wesleyan University School of Law invites applications for both entry-level and lateral faculty positions. Curricular needs include ADR as well as property, intellectual property, environmental law, land use planning, energy law, and upper-level business law courses. For details, e-mail colemanl@missouri.edu .

TENURE-TRACK FACULTY, UNIVERSITY OF NEBRASKA COLLEGE OF LAW
LINCOLN, NE
The University of Nebraska College of Law seeks a tenure-track faculty member whose primary teaching responsibility will be an alternative dispute resolution class. For details, contact Prof. Colleen E. Medill, cmedill2@unl.edu .

OMBUDSMAN MEDIATOR, KAISER PERMANENTE
SAN JOSE, CA
Kaiser Permanente seeks an ombudsman mediator.