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Schwarcz on a Theory of Insurance Law
August 17, 2016
Daniel Schwarcz (University of Minnesota Law School) has posted A Unified Theory of Insurance Law: The Clarification, Production, and Dissemination of Coverage Information on SSRN. Here is the abstract: The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three...
August 17, 2016
Daniel Schwarcz (University of Minnesota Law School) has posted A Unified Theory of Insurance Law: The Clarification, Production, and Dissemination of Coverage Information on SSRN. Here is the abstract: The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three...
Klerman on ICANN’s UDRP & Bias
August 17, 2016
Daniel M. Klerman (USC Gould School of Law) has posted Forum Selling and Domain-Name Disputes (Loyola University Chicago...
August 17, 2016
Daniel M. Klerman (USC Gould School of Law) has posted Forum Selling and Domain-Name Disputes (Loyola University Chicago...
Can Data Be Your Litigation Edge?
August 17, 2016
Late last year, I wrote a post about legal tech trends to watch during 2016. Thank goodness my post included artificial intelligence,...
August 17, 2016
Late last year, I wrote a post about legal tech trends to watch during 2016. Thank goodness my post included artificial intelligence,...
Revisiting Eisenberg and Plaintiff Success: State Court Civil Trial and Appellate Outcomes
August 16, 2016
Despite what Priest-Klein theory predicts, in earlier research on federal civil cases, Eisenberg found an association between plaintiff success in pretrial motions and at trial. Our extension of Eisenberg's analysis 20 years later into the state court context, however, does not uncover any statistically significant association between a plaintiff's success at trial and preserving that trial victory on appeal. Our results imply that a plaintiff's decision to pursue litigation to a trial court conclusion...
August 16, 2016
Despite what Priest-Klein theory predicts, in earlier research on federal civil cases, Eisenberg found an association between plaintiff success in pretrial motions and at trial. Our extension of Eisenberg's analysis 20 years later into the state court context, however, does not uncover any statistically significant association between a plaintiff's success at trial and preserving that trial victory on appeal. Our results imply that a plaintiff's decision to pursue litigation to a trial court conclusion...
Judge Restricts Lawyers from Researching Jurors Online
August 16, 2016
A federal judge in the U.S. District Court for the Northern District of California ruled that the lawyers in a prominent copyright suit may not research the public social media posts of their prospective jurors—unless they fully disclose the extent of that research to each juror involved. Faced with such a choice, both counsel accepted the court’s proposed ban. Oracle Am., Inc. v. Google, Inc. The court’s order pushes back on a fairly standard litigation practice—trial counsel quietly examining...
August 16, 2016
A federal judge in the U.S. District Court for the Northern District of California ruled that the lawyers in a prominent copyright suit may not research the public social media posts of their prospective jurors—unless they fully disclose the extent of that research to each juror involved. Faced with such a choice, both counsel accepted the court’s proposed ban. Oracle Am., Inc. v. Google, Inc. The court’s order pushes back on a fairly standard litigation practice—trial counsel quietly examining...
Rigidity of Public Contracts
August 15, 2016
We apply algorithmic data reading and textual analysis to compare the features of contracts in regulated industries subject to public scrutiny (which we call “public contracts”) with contracts between nongovernmental entities. We show that public contracts are lengthier and have more rule-based rigid clauses; in addition, their renegotiation is formalized in amendments. We also find that contract length and the frequency of rigidity clauses increases in political contestability and closer to upcoming...
August 15, 2016
We apply algorithmic data reading and textual analysis to compare the features of contracts in regulated industries subject to public scrutiny (which we call “public contracts”) with contracts between nongovernmental entities. We show that public contracts are lengthier and have more rule-based rigid clauses; in addition, their renegotiation is formalized in amendments. We also find that contract length and the frequency of rigidity clauses increases in political contestability and closer to upcoming...
Officer’s Residence Decides Corporate Citizenship
August 15, 2016
A corporation's principal place of business for diversity jurisdiction purposes is determined by the key controlling officer's...
August 15, 2016
A corporation's principal place of business for diversity jurisdiction purposes is determined by the key controlling officer's...
Southwest Firms Defied Legal Demand Drop-Off in Second Quarter
August 14, 2016
Law firms struggled to cope with a drop in demand across nearly all practice areas during the second quarter, according to Thomson Reuters' Peer Monitor Index, but Texas and its neighbors in the southwest region fared better. Demand, measured by hours billed, declined overall and in four of five U.S. regions during the second quarter, the report found. The Southwest was the outlier, registering an uptick of 1.1 percent. Demand declined by 0.1 percent in the northeast, 0.2 percent in the midwest,...
August 14, 2016
Law firms struggled to cope with a drop in demand across nearly all practice areas during the second quarter, according to Thomson Reuters' Peer Monitor Index, but Texas and its neighbors in the southwest region fared better. Demand, measured by hours billed, declined overall and in four of five U.S. regions during the second quarter, the report found. The Southwest was the outlier, registering an uptick of 1.1 percent. Demand declined by 0.1 percent in the northeast, 0.2 percent in the midwest,...
Co-Parenting Tips Before School Starts
August 14, 2016
From The Huffington Post: I watched producer, Garry Marshall’s, Mother's Day last night with my stepdaughter, and learned this morning of his unfortunate passing yesterday. Thanks to Mr. Marshall, for two, fun-filled hours we sat back and giggled as we watched superstars like Jennifer Aniston, Kate Hudson and Julia Roberts stumble over the normal issues that arise with most blended families. Garry Marshall tackled it all: interfaith marriage, divorce, remarriage, gay marriage, step parenting...
August 14, 2016
From The Huffington Post: I watched producer, Garry Marshall’s, Mother's Day last night with my stepdaughter, and learned this morning of his unfortunate passing yesterday. Thanks to Mr. Marshall, for two, fun-filled hours we sat back and giggled as we watched superstars like Jennifer Aniston, Kate Hudson and Julia Roberts stumble over the normal issues that arise with most blended families. Garry Marshall tackled it all: interfaith marriage, divorce, remarriage, gay marriage, step parenting...
Google is Expanding its Tests on the Way to Blanketing the US in Super-Fast Wireless Internet
August 14, 2016
A new filing with the Federal Communications Commission reveals how seriously Google is focusing on its plans for a wireless version of Fiber, its high-speed internet service. The company has been testing a new wireless-transmission technology using the 3.5-GHz band in Kansas City, but the heavily redacted FCC filing suggests that it wants to dramatically expand to testing "experimental transmitters" at up to 24 US locations, including Provo, Utah, Omaha, Nebraska, and Boulder, Colorado, for a period...
August 14, 2016
A new filing with the Federal Communications Commission reveals how seriously Google is focusing on its plans for a wireless version of Fiber, its high-speed internet service. The company has been testing a new wireless-transmission technology using the 3.5-GHz band in Kansas City, but the heavily redacted FCC filing suggests that it wants to dramatically expand to testing "experimental transmitters" at up to 24 US locations, including Provo, Utah, Omaha, Nebraska, and Boulder, Colorado, for a period...
