Volume 11, Issue 2 - January 2013

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The Ohio State Journal on Dispute Resolution, in collaboration with the Moritz College of Law's Program on Dispute Resolution, is pleased to bring you Volume 11, Issue 2, of the Mayhew-Hite Report on Dispute Resolution and the Courts.

2012 James K. Lawrence Lecture: Featuring Mr. Kenneth Feinberg

The following is an edited version of “Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenges,” the annual James K. Lawrence Lecture, delivered on October 25, 2012 by Mr. Kenneth Feinberg. Mr. Feinberg has been key to resolving many of the nation’s most challenging and widely known disputes of the past two decades, including administering compensation for the 9/11 Victim Compensation Fund; the Wall Street meltdown; the BP Deepwater Horizon oil spill; and the Aurora, Colorado theater shootings. This year’s lecture was co-sponsored by the Moritz College of Law’s Program on Dispute Resolution, The Ohio State University Center for Ethics and Human Values, and the ABA Section on Alternative Dispute Resolution. Mr. Feinberg’s lecture is followed by a Q&A with the audience.

Mr. Feinberg’s Remarks

The dean mentions both of my books, What Is Life Worth, Public Affairs Press 2005, and Who Gets What, Public Affairs Press 2012. You may have trouble finding these books in the bookstore. Don’t worry. My personal supply of these books is virtually inexhaustible, and if ...
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Mass Disaster Mediation: Innovative ADR, or a Lion’s Den?

By Elizabeth Baker Murrill
Summary by Michael Shoenfelt


In the wake of natural disasters or other catastrophic events, relatively unsophisticated victims are often left to negotiate with highly savvy insurance representatives.  The difference in bargaining power between the two creates a proverbial Lion’s Den for victims.

Alternative dispute resolution (ADR) is becoming a favored tool to resolve mass torts or mass claims. Mediation, in particular, has been used as a method to settle many claims in a short amount of time.  Little has been said, ...
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Doing Justice in the Face of a Disaster

John C.P. Goldberg


The Panel invites us to contemplate what “complete justice” would look like in the face of a disaster. Because justice has many dimensions, the exercise is a difficult one. When one thinks of justice being done in the aftermath of a catastrophe such as the Deepwater Horizon oil spill, the natural focus is on compensatory justice. But compensatory justice is itself complex. What it takes to achieve compensatory justice depends in part on whether one thinks about compensation in terms of distributive justice or responsibility-based justice. Moreover, schemes of compensatory justice must also be assessed against criteria of procedural justice. And standing apart from, but on par with, compensatory justice are at least two other conceptions of justice: what I will call justice as accountability and comparative justice.

In light of the many facets of justice, the ideal of “complete justice”—i.e., the doing of justice along each of its dimensions—may be unattaina ...
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Professor Sarah Cole Honored as John W. Bricker Professor of Law

Professor Sarah Cole, Director of the Program on Dispute Resolution, was designated the John W. Bricker Professor of Law at a ceremony held at the Barrister Club on Tuesday, December 4, 2012.

After her investiture, Prof. Cole delivered a lecture on “The Federalization of Consumer Arbitration: Possible Solutions” in which she discussed the growing use of arbitration clauses in contracts with consumers and the tension between the Supreme Court’s embrace of arbitration and the lack of federal legislative interest in addressing the issue. One of the more promising areas of reform, she suggested, would be in the arbitrator opinion writing process.

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Sixth Annual Works-in-Progress Conference Presents a Packed Weekend of ADR Scholarship
The Sixth Annual Works In Progress (WIP) Conference was held at The Ohio State University Moritz College of Law on November 9 and 10, 2012. The Conference was co-sponsored by the American Association of Law Schools and the Ohio State Journal on Dispute Resolution (JDR). [Read More]

Joe Barsalona (’12) Publishes Bankruptcy Mediation Article in ConsiderChapter13.org
The National Association of Chapter Thirteen Trustees (NACTT) Academy, a non-profit educational corporation that maintains the e-zine ConsiderChapter13.org, recently published an article by The Ohio State University Moritz College of Law graduate Joseph (“Joe”) C. Barsalona II (’12), who is currently Law Clerk to the Hon. Robert N. Opel, II for the U.S. Bankruptcy Court for the Middle District of Pennsylvania. [Read More]

PUCAT Council Recognizes Alex Derkson’s Manifest Disregard Memorandum
The American Bar Association’s Section of Public Utility, Communications and Transportation Law (PUCAT) recognized Richard (“Alex”) Derkson (’13) at the Section’s Fall meeting for Alex’s memorandum on “Validity of the ‘Manifest Disregard of the Law’ Standard After the U.S. Supreme Court’s Decision in Hall Street Associates, L.L.C. v. Mattel, Inc.” [Read More]

SPEAK Hosts Panel on Restorative Justice
On November 19, 2012, SPEAK, a Moritz student organization focusing on maximizing the benefits of diversity, treated the local legal community to a panel on restorative justice. The panel, organized by Samil Pullen (’13), included five panelists whose viewpoints on restorative justice range from legal to grassroots: Mrs. Subha Lembach, Project Coordinator for the Juvenile Justice Community Planning Initiative; Mrs. Beverly Orazen, member of B.R.E.A.D.’s Crime and Violence Steering Committee; Ms. Beth Oprisch, Coordinator of the Ohio Juvenile Detention Alternative Initiative; Ms. Tei Street, Director of The Ohio State University’s Outreach and Engagement Educational Programs; and Robert Tobias, Director of the Prosecution Resources Unit at the Columbus City Attorney’s Office. All five shared their thoughts about the benefits of restorative justice to the juvenile and adult criminal justice systems. [Read More]

Lindsay Nichols (’13) and Kevin Stanek (’13) Co-Author Article on Labor Law in Charter Schools
As part of their 1L summer internship at the Ohio Alliance for Public Charter Schools (OAPCS), Kevin Stanek (’13) and Lindsay Nichols (’13) began the research that would turn into “Public Schools, Private Employers? A Closer Look at the Labor Relations of Public Charter Schools”, which the pair co-authored with Stephanie Klupinksi, the Vice President of Government and Public Affairs at OAPCS. The article was published in Volume 32 of the Illinois State Education Law & Policy Journal. [Read More]


Greetings and happy new year.  Welcome to Volume 11, Issue 2 of the Mayhew-Hite Report.  Since last issue, exciting things have been happening in the realm of ADR here at the Moritz College of Law, and in the ADR community at-large.

Back in November, in conjunction with the Journal on Dispute Resolution and the Association of American Law Schools Section on ADR, Moritz presented the Sixth Annual Works-in-Progress Conference.  The conference was a huge success and is highlighted in the Headline News Section.  In late October, Moritz held its annual Lawrence Lecture, named for distinguished alumnus James K.L. Lawrence (’65).  T ...
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Nichols_Lindsay headshot-1
“HURRY UP PLEASE ITS TIME”: The Growing Need for ADR Methods in the Publishing Industry

Lindsay Nichols

Literature and the publishing industry are difficult arenas for the judiciary to negotiate. One reason is that literature, like other art forms, often takes on a life of its own after being published. Furthermore, the publishing process involves many moving parts, including original contracts between the author and publishing house, the author’s estate, constantly evolving technology, and the eternal question of who owns new rights that come up after the contract is s ...
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Moritz Program on Dispute Resolution
Widely regarded as one of the nation's finest programs in the area of Alternative Dispute Resolution, the Moritz ADR program was established in recognition of the need for future lawyers to be trained in an array of dispute resolution methods beyond litigation, including negotiation, mediation, and arbitration. [Program Home]

Ohio State Journal on Dispute Resolution
The Ohio State Journal on Dispute Resolution ("JDR") is a student-initiated, student-run publication and is the official law journal of the American Bar Association's Section on Dispute Resolution. [JDR Home]

The Caucus
The Caucus is a monthly e-newsletter that highlights the scholarship and accomplishments of the Moritz Program on Dispute Resolution faculty and students. [The Caucus Home]

Indisputably is a blog operated by law professors from around the United States concentrating on issues involving dispute resolution. [Indisputably Home]

Bridge Initiative @ Mershon and Moritz
The Bridge Initiative, which combines resources from Moritz College of Law and the Mershon Center for International Securities Studies, is an indispensable resource for those doing research in issues involving dispute resolution. [Bridge Initiative Home]

Ohio State Journal on Dispute Resolution
The Ohio State University
Moritz College of Law
55 West 12th Avenue
Columbus, Ohio 43210-1391
(614) 292-7170

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