Blog Archives
Sign On the Dotted Line!
June 20, 2014
“One of the main purposes of mediation is the expeditious resolution of disputes. Mediation will not always be successful, but it should not spawn more litigation . . . .” So said the New Jersey Supreme Court in the case of Willingboro Mall LTD v. 240/242 Franklin Avenue, LLC, 35 A.3d 680 (2012),as it considered a mediation which itself became the controversy. Five depositions, a four-day evidentiary hearing, and two appeals later, the high court set forth a new rule in New Jersey requiring...
June 20, 2014
“One of the main purposes of mediation is the expeditious resolution of disputes. Mediation will not always be successful, but it should not spawn more litigation . . . .” So said the New Jersey Supreme Court in the case of Willingboro Mall LTD v. 240/242 Franklin Avenue, LLC, 35 A.3d 680 (2012),as it considered a mediation which itself became the controversy. Five depositions, a four-day evidentiary hearing, and two appeals later, the high court set forth a new rule in New Jersey requiring...
Hagan: Law for Normal People
June 20, 2014
Margaret Hagan of Stanford University has posted Law for Normal People, at Open Law Lab. Here are excerpts from the post: Over this past fellowship year, I’ve run so many workshops and pop-up classes on how to make law more engaging and usable for “normal people”. People with legal problems or who aren’t highly educated are not alone in this “normal” bucket. People with PhDs, highly paid professionals, even law school graduates fall into this category as well — they want and need...
June 20, 2014
Margaret Hagan of Stanford University has posted Law for Normal People, at Open Law Lab. Here are excerpts from the post: Over this past fellowship year, I’ve run so many workshops and pop-up classes on how to make law more engaging and usable for “normal people”. People with legal problems or who aren’t highly educated are not alone in this “normal” bucket. People with PhDs, highly paid professionals, even law school graduates fall into this category as well — they want and need...
Applied Legal Storytelling
June 19, 2014
Applied Legal Storytelling has been an important topic among legal writing teachers for the last few years. One of the experts on Applied Legal Storytelling, Ruth Anne Robbins, has just posted an introduction to this area on SSRN. An Introduction to Applied Legal Storytelling Abstract: This article introduces the reader to the idea of "Applied Legal Storytelling," and differentiates it from law and literature. The goal of applied legal storytelling, through conferences and the resulting lawyering...
June 19, 2014
Applied Legal Storytelling has been an important topic among legal writing teachers for the last few years. One of the experts on Applied Legal Storytelling, Ruth Anne Robbins, has just posted an introduction to this area on SSRN. An Introduction to Applied Legal Storytelling Abstract: This article introduces the reader to the idea of "Applied Legal Storytelling," and differentiates it from law and literature. The goal of applied legal storytelling, through conferences and the resulting lawyering...
The Most Viewed TED Talk Ever
June 19, 2014
It’s Sir Ken Robinson’s 2006 talk, “How Schools Kill Creativity,” in which he argues that schools are not focusing on the most important quality that students need to develop. You can access it here—about 20 minutes, and very entertaining. I increasingly worry that law schools focus too much on teaching immediately useful technical skills. Teaching those essential skills will help us turn out competent lawyers, in the narrow sense. Law encourages a conservative mentality—help your...
June 19, 2014
It’s Sir Ken Robinson’s 2006 talk, “How Schools Kill Creativity,” in which he argues that schools are not focusing on the most important quality that students need to develop. You can access it here—about 20 minutes, and very entertaining. I increasingly worry that law schools focus too much on teaching immediately useful technical skills. Teaching those essential skills will help us turn out competent lawyers, in the narrow sense. Law encourages a conservative mentality—help your...
Legal Sector Loses 700 Jobs in May While Other White Collar Sectors Add Jobs
June 19, 2014
This makes it the second month in a row that the legal sector has lost jobs. Further, the Bureau of Labor Statistics has revised downward the job losses in April from 1,200 to 2,100. That means, according to the AmLaw Daily, that the number of people employed by the legal sector has hit its lowest point since the start of the year. This stands in stark contrast to the better than expected job growth generally across the economy over the past two months including more than 55,000 business and professional...
June 19, 2014
This makes it the second month in a row that the legal sector has lost jobs. Further, the Bureau of Labor Statistics has revised downward the job losses in April from 1,200 to 2,100. That means, according to the AmLaw Daily, that the number of people employed by the legal sector has hit its lowest point since the start of the year. This stands in stark contrast to the better than expected job growth generally across the economy over the past two months including more than 55,000 business and professional...
Arbitration Panels May Limit Discovery and Evidence
June 19, 2014
In Doral Financial Corp. v. Garcia-Velez, 725 F.3d 27 (1st Cir. 2013), LJL 33rd Street Associates v. Pitcairn Associates Properties, 725 F.3d 184 (2d Cir. 2013), and Bain Cotton Co. v. Chesnutt Cotton Co., 531 F. App’x 500, Appeal 12-11138 (5th Cir. June 24, 2013), the appeals each involved a losing party attempting to vacate an arbitration award by arguing that when the arbitrator(s) refused to give the parties free rein in seeking discovery or offering evidence, the arbitrators’ decisions were...
June 19, 2014
In Doral Financial Corp. v. Garcia-Velez, 725 F.3d 27 (1st Cir. 2013), LJL 33rd Street Associates v. Pitcairn Associates Properties, 725 F.3d 184 (2d Cir. 2013), and Bain Cotton Co. v. Chesnutt Cotton Co., 531 F. App’x 500, Appeal 12-11138 (5th Cir. June 24, 2013), the appeals each involved a losing party attempting to vacate an arbitration award by arguing that when the arbitrator(s) refused to give the parties free rein in seeking discovery or offering evidence, the arbitrators’ decisions were...
Surden: Computable Contracts Explained – Part 1
June 19, 2014
Professor Harry Surden of the University of Colorado has posted Computable Contracts Explained – Part 1, at Concurring Opinions. Here are excerpts from the post: I had the occasion to teach “Computable Contracts” to the Stanford Class on Legal Informatics recently. [Click here for video of the presentation.] Although I have written about computable contracts here, I thought I’d explain the concept in a more accessible form. I. Overview: What is a Computable Contract? What is a Computable...
June 19, 2014
Professor Harry Surden of the University of Colorado has posted Computable Contracts Explained – Part 1, at Concurring Opinions. Here are excerpts from the post: I had the occasion to teach “Computable Contracts” to the Stanford Class on Legal Informatics recently. [Click here for video of the presentation.] Although I have written about computable contracts here, I thought I’d explain the concept in a more accessible form. I. Overview: What is a Computable Contract? What is a Computable...
Texas Ethics Opinion Strips IT Professionals of CIO, CTO Titles
June 18, 2014
Law firms in Texas can no longer use the word “officer” or “principal” in job titles for non-lawyer employees, including chief information officer and chief technology officer, says an opinion issued by the Texas State Bar's Professional Ethics Committee. The opinion reads that titles such as CTO indicate that the employee has the power to control “significant areas of the firm’s operations.” The ruling has generated strong objections from five organizations that support legal professionals:...
June 18, 2014
Law firms in Texas can no longer use the word “officer” or “principal” in job titles for non-lawyer employees, including chief information officer and chief technology officer, says an opinion issued by the Texas State Bar's Professional Ethics Committee. The opinion reads that titles such as CTO indicate that the employee has the power to control “significant areas of the firm’s operations.” The ruling has generated strong objections from five organizations that support legal professionals:...
Arbitrating Arbitrability with Nonsignatories
June 18, 2014
The right to arbitrate a dispute is a right that arises out of a contract. AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1746 (2011).The Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) prescribes the gatekeeping role of the courts in the implementation of these contract rights. Section 3 requires the court to refer arbitrable issues to arbitration, and § 4 requires the court to compel arbitration upon finding that an arbitration agreement exists and has not been performed. Either way,...
June 18, 2014
The right to arbitrate a dispute is a right that arises out of a contract. AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1746 (2011).The Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) prescribes the gatekeeping role of the courts in the implementation of these contract rights. Section 3 requires the court to refer arbitrable issues to arbitration, and § 4 requires the court to compel arbitration upon finding that an arbitration agreement exists and has not been performed. Either way,...
Use of Dispute Review Boards on the Rise for DOT Projects
June 18, 2014
Dispute Review Boards (DRB) are becoming more common with many states’ Departments of Transportation (DOT). A 2013 American Association of State Highway and Transportation Officials (AASHTO) survey found that 18 state DOTs utilize DRBs and further research reveals that at least four other state DOTs use DRBs for their construction projects. Construction attorneys (and their clients) who fail to recognize and appreciate this trend likely will be left on the outside looking in as future DOT large-scale...
June 18, 2014
Dispute Review Boards (DRB) are becoming more common with many states’ Departments of Transportation (DOT). A 2013 American Association of State Highway and Transportation Officials (AASHTO) survey found that 18 state DOTs utilize DRBs and further research reveals that at least four other state DOTs use DRBs for their construction projects. Construction attorneys (and their clients) who fail to recognize and appreciate this trend likely will be left on the outside looking in as future DOT large-scale...
