Daily Archives: February 1, 2008

By reading this blog, you agree to mandatory arbitration

Burger joint imposes mandatory arbitration agreement on unwitting customersJust when you think that mandatory arbitration clauses, cropping up ever more frequently in consumer agreements and employment contracts, can’t get any more outrageous, along comes a business that stoops to a new low.

The Mojo Blog at Mother Jones reports that

[T]he owner of an East Texas Whataburger has apparently taken arbitration mania to a new level. Every public entrance to the burger franchise displays a sign informing people that simply setting foot on the premises means that they are giving up their right to sue the company for any reason, even if, for instance, they get a little e coli along with their fries. Instead, customers will be forced to arbitrate their claims before the American Mediation Association, an organization that seems to consist of three lawyers in Dallas hired by the Whataburger (part of a 58-year-old fast food chain deemed a “Texas treasure” by the state legislature).

(Emphasis added.)

(Hat tip to Consumer Law & Policy Blog.)

Make ribs, not war: Super Bowl party at Mediation Channel

Super Bowl 2008During my first year of blogging, I posted “Breaking bread: Could sharing food foster cooperation between parties in mediation?“, a story from Deltona, Florida, about a failed mediation involving a land dispute. An ingenious Deltona resident had an inspired idea: why not settle differences instead over a plate of barbecue? But I suggested taking things one step further: mediate and eat barbecue.

I still think it’s a great idea.

The Super Bowl is this Sunday, and football means barbecue. (Baseball means barbecue, too, but we’ll revisit that on Opening Day.) In the interests of encouraging Patriots fans and Giants fans to put aside their differences and come together, here’s my recipe for grilled baby back ribs.

Ingredients:

2 racks of baby back ribs

For the dry rub

  • 4 tblsp. sweet paprika
  • 2 tblsp. chili powder
  • 2 tblsp. ground cumin seeds
  • 2 tblsp. ground fennel seeds
  • 2 tblsp. brown sugar
  • 1 tblsp. white sugar
  • 2 tblsp. kosher salt
  • 1 tblsp. dried oregano
  • 1 tblsp. freshly ground pepper
  • 1/2 – 2 tsp. chipotle chili pepper or hot Hungarian paprika (depending on your tolerance for heat)

Instructions:

Put all ingredients into a plastic lidded container, close lid, and shake until well blended. Store in fridge for up to 2 months.

Four hours before you start your fire, rub the dry rub on the ribs. Place on a baking sheet covered with plastic wrap and place in fridge. One hour before you plan to put the ribs on the grill, remove from fridge and let stand at room temperature.

I use a 22 1/2 inch Weber kettle grill for these ribs. If you’re using a gas grill, you’re on your own here, but you’ll be grilling these using indirect heat using a covered grill. Build a charcoal fire, and promise me that you’ll use a large charcoal chimney, not lighter fluid, to light your charcoal.

Fill a large chimney with coals and allow to burn until covered with a light layer of white ash. When the coals are ready, pile them up on either side of the grill with a drip pan in the middle filled with the contents of a bottle of beer (domestic or imported, it’s up to you). Put the cooking grate in place, cover the grill, making sure the vents are open, and let the grill heat for about 5 minutes. Place the ribs on the grate, cover, and cook for 2 hours. You may need to replenish the charcoal halfway through, but resist the temptation to lift the lid and check otherwise.

Now here’s the important part. Remove the ribs from the heat, wrap up tightly in one large sheet of heavy-duty aluminum foil, then fold up in a large, heavy bath towel and leave the ribs to rest at room temperature for 45 minutes to a full hour.

Unwrap, brush with the barbecue sauce of your choice if you want (or enjoy the smoky pork goodness all on its own), cut the ribs, and serve. Feeds 4.

(Adapted from Cook’s Illustrated Best Recipe Grilling & Barbecuing.)

Boys will be boys: gender still an issue for the legal profession

climbing the legal profession ladder still tough for womenI will remember always the pride I felt the day I was sworn in as a member of the bar.

I was the first woman in my family to go to college, to get an advanced degree, and now, to become a lawyer. It was an important achievement for me and for my whole family.

It meant a great deal, this formal commitment to the courts and to the law that courts serve — to become a member of a profession dedicated to principles so lofty that when you speak their names out loud, you can hear the capital letters ring out:

Justice. Liberty. Equality. Rights.

Such is the romanticism of youth.

A week or so after the ceremony, something unexpected happened to crush my youthful idealism.

I can no longer remember what mission the partner who was supervising me had sent me on, but for the first time I walked into a courtroom as a lawyer. I wore a brand-new suit and carried a leather briefcase (also new). I walked past the gleaming wood rail that marked the area where the general public waited, entered the lawyers’ bullpen, and proudly sat down.

A few minutes later, two attorneys, men in their late sixties, approached my row, caught sight of me, and then glared at me. They stood for a moment, and I had the impression that they were about to ask me to move. Instead, they glanced meaningfully at each other and then sat down directly behind me.

They began whispering to each other, just loudly enough that I could hear every word. “It’s an outrage what’s happened to the legal profession. People these days evidently don’t know their place,” said one. “Looks like anyone can be a lawyer these days,” said the other, “they’ve certainly lowered the bar.” There was more along those lines.

Nothing in my law school career had prepared me for that. I had no idea what to do. I could feel my face burning. I felt sick to my stomach. And really, really angry. The attorney sitting next to me rolled his eyes in disgust. “Ignore it,” he whispered, “and don’t let it get to you. Dinosaurs like that are on their way out.”

As it turns out, his prediction was wrong.

Sexism is alive and well and living in the comments section of an article in the ABA Journal’s Law News Now about a woman who contacts an advice columnist to get some help with a toxic workplace — specifically, the law firm that employs her.

Go see for yourself that dinosaurs still walk the earth.