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The Roles of Litigation in American Democracy
August 10, 2016
Adjudication is usually understood as having two functions: dispute resolution and law declaration. This Article presents the process of litigation as a third, equally important function and explains how in litigation, participants perform rule of law values. Performativity in litigation operates in five ways. First, litigation allows individuals, even the most downtrodden, to obtain recognition from a governmental officer (a judge) of their claims. Second, it promotes the production of reasoned...
August 10, 2016
Adjudication is usually understood as having two functions: dispute resolution and law declaration. This Article presents the process of litigation as a third, equally important function and explains how in litigation, participants perform rule of law values. Performativity in litigation operates in five ways. First, litigation allows individuals, even the most downtrodden, to obtain recognition from a governmental officer (a judge) of their claims. Second, it promotes the production of reasoned...
ABA Future Panel Calls For Broad Changes In Legal Services
August 9, 2016
The Report on the Future of Legal Services in the United States provides a frank, thorough and frequently bleak assessment of the state of legal services and the legal profession’s complicity in inhibiting innovation, while also heralding the promise of emerging delivery models and technologies to bring about change. * * * At the same time, however, the commission hedges its recommendations on some of the key issues facing the profession, particularly nonlawyer ownership of law firms, nonlawyers...
August 9, 2016
The Report on the Future of Legal Services in the United States provides a frank, thorough and frequently bleak assessment of the state of legal services and the legal profession’s complicity in inhibiting innovation, while also heralding the promise of emerging delivery models and technologies to bring about change. * * * At the same time, however, the commission hedges its recommendations on some of the key issues facing the profession, particularly nonlawyer ownership of law firms, nonlawyers...
The Ultimate Brain Map
August 9, 2016
A new map of the human brain could be the most accurate yet, as it combines all sorts of different kinds of data. This might finally solve a century of disagreements over the shapes and positions of different brain areas. Read more from Nature news here: http://www.nature.com/news/human-brai... Read the paper here: http://nature.com/articles/doi:10.103...
August 9, 2016
A new map of the human brain could be the most accurate yet, as it combines all sorts of different kinds of data. This might finally solve a century of disagreements over the shapes and positions of different brain areas. Read more from Nature news here: http://www.nature.com/news/human-brai... Read the paper here: http://nature.com/articles/doi:10.103...
Exodus from and Transformation of American Civil Litigation
August 9, 2016
The story of American federal civil litigation over the past half century is one of exodus and of transformation—exodus from and transformation of the traditional model of “court litigation.” The exodus has taken various paths, especially contractual arbitration. The Supreme Court has extended the Federal Arbitration Act to contracts of adhesion and to the adjudication of federal statutory rights. Thus arbitration has become mandatory for claims by consumers and employees. In approving this...
August 9, 2016
The story of American federal civil litigation over the past half century is one of exodus and of transformation—exodus from and transformation of the traditional model of “court litigation.” The exodus has taken various paths, especially contractual arbitration. The Supreme Court has extended the Federal Arbitration Act to contracts of adhesion and to the adjudication of federal statutory rights. Thus arbitration has become mandatory for claims by consumers and employees. In approving this...
High-Tech Legal Startup Considered for Incentives After Austin-to-SA Move
August 8, 2016
Easy Expunctions uses a patented method to file requests to expunge criminal record on behalf of clients for less than a traditional...
August 8, 2016
Easy Expunctions uses a patented method to file requests to expunge criminal record on behalf of clients for less than a traditional...
Uber Can’t Force Arbitration Over Pricing Antitrust Claim
August 8, 2016
Uber Technologies Inc. can’t require a Connecticut customer accusing the company of price-fixing to resolve the fight in arbitration, a federal judge ruled in one of several cases challenging the ride-hailing company’s efforts to steer disputes of all kinds away from public courtrooms. U.S. District Judge Jed Rakoff in Manhattan said Friday that Uber’s online user agreement didn’t provide Spencer Meyer with sufficient notice of its arbitration policy for it to be binding. He denied Uber’s...
August 8, 2016
Uber Technologies Inc. can’t require a Connecticut customer accusing the company of price-fixing to resolve the fight in arbitration, a federal judge ruled in one of several cases challenging the ride-hailing company’s efforts to steer disputes of all kinds away from public courtrooms. U.S. District Judge Jed Rakoff in Manhattan said Friday that Uber’s online user agreement didn’t provide Spencer Meyer with sufficient notice of its arbitration policy for it to be binding. He denied Uber’s...
Where Have All the Cases Gone? The Strange Success of Tort Reform Revisited
August 8, 2016
Just over a decade ago, we published an article in the Emory Law Journal titled The Strange Success of Tort Reform, which was inspired by our interest in the possible connection between tort reform and the declining number and rate (per 1000 population) of tort cases. The article argued that tort reform could succeed in decreasing tort litigation, even in the absence of much formal change in the law. It could do so through sophisticated and aggressive public relations efforts aimed at reshaping the market...
August 8, 2016
Just over a decade ago, we published an article in the Emory Law Journal titled The Strange Success of Tort Reform, which was inspired by our interest in the possible connection between tort reform and the declining number and rate (per 1000 population) of tort cases. The article argued that tort reform could succeed in decreasing tort litigation, even in the absence of much formal change in the law. It could do so through sophisticated and aggressive public relations efforts aimed at reshaping the market...
If You’re Not Outside Your Comfort Zone, You Won’t Learn Anything
August 7, 2016
But the problem, of course, is that these tasks aren’t just unpleasant; they’re also necessary. As we grow and learn in our jobs and in our careers, we’re constantly faced with situations where we need to adapt our behavior. It’s simply a reality of the world we work in today. And without the skill and courage to take the leap, we can miss out on important opportunities for advancement. How can we as professionals stop building our lives around avoiding these unpleasant, but professionally...
August 7, 2016
But the problem, of course, is that these tasks aren’t just unpleasant; they’re also necessary. As we grow and learn in our jobs and in our careers, we’re constantly faced with situations where we need to adapt our behavior. It’s simply a reality of the world we work in today. And without the skill and courage to take the leap, we can miss out on important opportunities for advancement. How can we as professionals stop building our lives around avoiding these unpleasant, but professionally...
The Big Business of Divorce
August 7, 2016
Divorce is big business. In fact, it's a $50-$175 billion business compared to the wedding industry which is estimated to generate just $40-$50 billion annually. Why is divorce big business? Just read the statistics: • There is a divorce every 13 seconds which equates to 46,000 divorces per week. • Almost 50 percent of marriages end in divorce. • 60 percent of second marriages end in divorce. • 73 percent of third marriages end in divorce. In Texas alone, divorce filings accounted for 89 percent...
August 7, 2016
Divorce is big business. In fact, it's a $50-$175 billion business compared to the wedding industry which is estimated to generate just $40-$50 billion annually. Why is divorce big business? Just read the statistics: • There is a divorce every 13 seconds which equates to 46,000 divorces per week. • Almost 50 percent of marriages end in divorce. • 60 percent of second marriages end in divorce. • 73 percent of third marriages end in divorce. In Texas alone, divorce filings accounted for 89 percent...
Hailo sells 60% to Daimler as it Merges with MyTaxi
August 6, 2016
“What’s starting to happen in this industry is that you are starting to see the emergence of regional winners and funding is starting to happen for those, whether they are Ola or Grab or Lyft,” he continued. “And while our plan and targets resonated with the investment community, we were both going to them with the same story, which is that we both wanted to be European number one.” Hailo’s move to Daimler is part of a wider trend that has seen big stakes taken by several other carmakers...
August 6, 2016
“What’s starting to happen in this industry is that you are starting to see the emergence of regional winners and funding is starting to happen for those, whether they are Ola or Grab or Lyft,” he continued. “And while our plan and targets resonated with the investment community, we were both going to them with the same story, which is that we both wanted to be European number one.” Hailo’s move to Daimler is part of a wider trend that has seen big stakes taken by several other carmakers...
