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Study Finds That Websurfing in Class Hurts Top Students
July 16, 2014
Let's continue today's theme of "pick on classroom laptops" with this study from Michigan State that found top students in large lecture classes, as measured by their ACT scores, also performed more poorly on exams when distracted by non-class related internet surfing. It was previously thought that the smartest students in the class might be better able to multitask by filtering out distractions. Not so concluded the study which found that all students, not matter their intellectual gifts, did more...
July 16, 2014
Let's continue today's theme of "pick on classroom laptops" with this study from Michigan State that found top students in large lecture classes, as measured by their ACT scores, also performed more poorly on exams when distracted by non-class related internet surfing. It was previously thought that the smartest students in the class might be better able to multitask by filtering out distractions. Not so concluded the study which found that all students, not matter their intellectual gifts, did more...
Does Mediation Make Us Better?
July 16, 2014
The prevailing measures of the success of mediation have largely focused on rates of settlement and satisfaction while overlooking the capacity-building goals expressed by many mediation advocates. I address this through empirical study of the effects of mediation on participant capacity at two community mediation organizations in Toronto. I find that mediation has the potential to build participant capacity, but in the majority of cases, it does not have these lasting effects on participants. Based...
July 16, 2014
The prevailing measures of the success of mediation have largely focused on rates of settlement and satisfaction while overlooking the capacity-building goals expressed by many mediation advocates. I address this through empirical study of the effects of mediation on participant capacity at two community mediation organizations in Toronto. I find that mediation has the potential to build participant capacity, but in the majority of cases, it does not have these lasting effects on participants. Based...
Record Patent Litigation Filings
July 16, 2014
The number of patent cases filed in the U.S. rose by 25 percent in 2013 to a record 6,500 cases, and the increase was largely driven by patent trolls, according to the latest edition of PricewaterhouseCoopers’ annual patent litigation study [PDF]. The number of patents granted also rose to almost 300,000, an increase of 7 percent, the study found. Despite the increases, the PricewaterhouseCoopers report characterizes 2013 as “a moderating year” in patent infringement litigation because...
July 16, 2014
The number of patent cases filed in the U.S. rose by 25 percent in 2013 to a record 6,500 cases, and the increase was largely driven by patent trolls, according to the latest edition of PricewaterhouseCoopers’ annual patent litigation study [PDF]. The number of patents granted also rose to almost 300,000, an increase of 7 percent, the study found. Despite the increases, the PricewaterhouseCoopers report characterizes 2013 as “a moderating year” in patent infringement litigation because...
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
July 16, 2014
A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation of the College of Commercial Arbitrators, reflects the growing professionalization of commercial arbitration, increasing competition for cases, and many other trends in arbitration practice. It also shows that a grower percentage of arbitrated cases are being settled prior to award or to the start of hearings, and offers a strong rationale for greater emphasis on the role of arbitrators...
July 16, 2014
A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation of the College of Commercial Arbitrators, reflects the growing professionalization of commercial arbitration, increasing competition for cases, and many other trends in arbitration practice. It also shows that a grower percentage of arbitrated cases are being settled prior to award or to the start of hearings, and offers a strong rationale for greater emphasis on the role of arbitrators...
Incorporation of AAA Rules Authorizes Arbitrator To Determine Whether Non-Signatory Can Arbitrate
July 16, 2014
In a short and sweet opinion issued just six weeks after argument, the Eighth Circuit yesterday held that an arbitrator was authorized...
July 16, 2014
In a short and sweet opinion issued just six weeks after argument, the Eighth Circuit yesterday held that an arbitrator was authorized...
The Hopeless Case
July 16, 2014
Last month I received a letter from a lawyer who had appeared in a case that had just settled. He had said at the beginning of the mediation that he had little hope of settling because the other side was more interested in litigating. He thanked me for persisting to get the case resolved. The lesson in this letter is that it is easy to misread the opposition. The attitudes that they display often create a perception that the parties are "too far apart." Or, one or both parties may feel that the other...
July 16, 2014
Last month I received a letter from a lawyer who had appeared in a case that had just settled. He had said at the beginning of the mediation that he had little hope of settling because the other side was more interested in litigating. He thanked me for persisting to get the case resolved. The lesson in this letter is that it is easy to misread the opposition. The attitudes that they display often create a perception that the parties are "too far apart." Or, one or both parties may feel that the other...
Law Class of 2013 Struggles to Find Jobs
July 15, 2014
The National Law Journal reports that in addition to slow growth in the job market for lawyers generally, 2013 saw the largest graduating class in history enter the market which is also affecting the search for a job. On the plus side, the median starting salary for 2013 grads, $62,467, was up slightly from the previous year at $61,245. (The ABA Journal previously reported that the starting, median salary for 2013 grads working in law firms was $95K). From the National Law Journal: Market Struggles...
July 15, 2014
The National Law Journal reports that in addition to slow growth in the job market for lawyers generally, 2013 saw the largest graduating class in history enter the market which is also affecting the search for a job. On the plus side, the median starting salary for 2013 grads, $62,467, was up slightly from the previous year at $61,245. (The ABA Journal previously reported that the starting, median salary for 2013 grads working in law firms was $95K). From the National Law Journal: Market Struggles...
The Settlement Drift
July 15, 2014
According to commentator Rachel Maddow in her book “Drift,” the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy. This is contrary to what the Founders of our nation had in mind. Hence, we have “drifted” away from our founding principles about war. The drift in our ability to go to war is similar to what has become of modern mediation in the litigation arena....
July 15, 2014
According to commentator Rachel Maddow in her book “Drift,” the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy. This is contrary to what the Founders of our nation had in mind. Hence, we have “drifted” away from our founding principles about war. The drift in our ability to go to war is similar to what has become of modern mediation in the litigation arena....
Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations
July 15, 2014
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American...
July 15, 2014
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American...
California Maintains Some Restrictions On The Waivers Allowable In Employment Arbitration Agreements
July 15, 2014
This week the Supreme Court of California held that the FAA preempts California’s 2007 Gentry ruling, one that protected employees from nearly all class action waivers in arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC, __ P.3d__, 2014 WL 2808963 (Cal. June 23, 2014). However, asserting its Californian-ness, the court found an clever way of ruling that arbitration agreements in employment contracts may still not waive a particular type of joint action: representative actions brought...
July 15, 2014
This week the Supreme Court of California held that the FAA preempts California’s 2007 Gentry ruling, one that protected employees from nearly all class action waivers in arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC, __ P.3d__, 2014 WL 2808963 (Cal. June 23, 2014). However, asserting its Californian-ness, the court found an clever way of ruling that arbitration agreements in employment contracts may still not waive a particular type of joint action: representative actions brought...
