Affirming the District Judge: An Empirical Analysis of the Effect of District Judges Sitting by Designation on Circuit Court Panels
Andrew Sayer, Melanie Hess, and Matthew E. K. Hall, Journal of Empirical Legal Studies
Ten of the 12 U.S. courts of appeals regularly invite district court judges to take part in appellate decisions. This practice, known as “sitting by designation,” has received mixed reviews from judges and scholars. Some argue that the practice undermines democratic legitimacy and collegiality on the courts of appeals. Others contend that district court judges sitting by designation have little effect on the process because they are deferential—perhaps far too deferential—toward their circuit...

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Less is More Despite Loss Aversion!
Phyllis G. Pollack, PGP Mediation
In 1979, Daniel  Kahneman and Amos Tversky, in creating their Prospect Theory, developed the important cognitive bias concept of loss aversion. It is summed up in the saying “losses loom larger than gains.” That is, people are more willing to take risks to avoid a loss than to make a gain. In fact, they may work twice as hard to avoid the loss than they would to acquire the gain.  (Loss Aversion, behavioraleconomics.com) This cognitive bias came to mind when I  read an article...

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Unintended Consequences of Global Pandemic: Benefits and Downfalls of Zoom MediationsBeingBeing
Randy Akin, Texas Bar Litigation Section
Being in the legal profession for going on forty years now, I thought I had seen it all in my civil litigation practice. I have picked three juries in a week, and I have picked three juries in a half-decade.I have gone through workers compensation reform, tort reform, court reform, and just about any other reform imaginable, but one part of my practice had gone largely unchanged since I first started performing them in 1989: MEDIATIONS. Below are the three biggest benefits of Zoom (virtual) mediations. Benefit...

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