Coming Soon to a Theatre Near You:
The ABA Law Student Division
Arbitration Competition

On November 21st and 22nd, the team of Ben Breslau, Lauren Davalle, Casey Martin, Michael Reever, and Danielle Rudas will compete in the ABA Law Student Division Arbitration Competition on the campus of the University of Missouri.  The Arbitration team is coached by Mr. John Spieske.

Arbitration may be a foreign concept to many law students where much of our education focuses on basic legal principles and dispute resolution the old-fashioned way via litigation in a court of law.  However, alternative forms of dispute resolution continue to gain popularity due to the ever-increasing cost and time that may go into a traditional civil dispute.

In essence, arbitration is very similar to a trial process with opening statements, witness examinations, and closing arguments.  The main differences lie in the relaxed application of evidentiary rules, and an outcome, which may or may not be binding upon the parties.  The case proceeds before a three-person panel of arbitrators who upon hearing evidence make a ruling as to liability and establish a level of compensation or other remedy as each particular case may require.

This year’s arbitration competition problem centers on a fictional contract dispute between a non-profit organization and a private charitable foundation that donated money to the non-profit organization through a grant proposal.  The foundation disbursed the funding to the non-profit for the provision of services to the local homeless population.  The parties executed a poorly drafted “donee agreement” that ambiguously spelled out the rights and duties of the parties.  After the first year of the three-year agreement, the foundation wanted to cancel it pursuant to the cancelation provision of the “donee agreement.”  The foundation cited the inability of the non-profit to achieve the proposed goal of establishing a community center in a specific neighborhood.

The non-profit claimed breach of contract, and the foundation counter-claimed for rescission and restitution.  The “donee agreement” contains an arbitration clause, thus the battle is being waged in front of three neutral arbitrators.  Ben Breslau and Daniel Rudas will represent the not-for-profit organization, while Casey Martin and Michael Reever will represent the charitable foundation.  To view the 2008-09 final round of the ABA Arbitration Competition, feel free to click here.

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Sam and Perry to Defend Animals at Harvard Competition

The Animal Law Trial Advocacy Closing Argument Competition tryouts had an amazing turnout. Everyone who participated did an outstanding job. As a happy surprise, students argued on behalf of both the plaintiff and the defendants. Thanks to everyone for trying out and making these tryouts successful. Congratulations to 2L Anthony Sam and 3L Donyel Perry who will represent The John Marshall Law School in the Animal Law Competition.

This is only the beginning for Sam and Perry. They have a long, difficult journey ahead of them. As John Marshall has created such a stellar reputation as the standout law school at this competition, Sam and Perry have to be at the top of their game when they head out to Harvard Law School this coming February.

Not only do they have to work hard to create strong closing arguments, but they have to face the fact that, as John Marshall students, the judges may expect more out of them than most other competitors. After all, John Marshall students have won three first place medals in the last two years.

Of course, this shouldn’t be a problem. To begin, Sam and Perry are two very talented young men who both have what it takes to win. Plus, they have Professor Susann MacLachlan, Associate Director of the Center for Advocacy and Dispute Resolution and coach of all the previous winners, as coach. This combination of team members and coach, along with the various professors, judges, animal law experts, and legal professionals who will attend the team practices, will make certain a 3-Peat is in the near future for John Marshall at the Animal Law Competition.

Best of luck to Sam and Perry. They are sure to keep the tradition of national championships alive.

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