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Gartner Ratchets Up Legal IT Research
April 25, 2014
The research and advisory company plans to release a number of reports on legal technology later this year. * * * “We are improving our coverage of the space because we see legal IT as one of the next big marketplaces that, to date, has been underserved by the IT industry,” said French Caldwell, vice president at Gartner and lead author of the report, in an interview with Law Technology News. Caldwell heads up risk, compliance and governance research at Gartner. Read more: http://www.lawtechnologynews.com/id=1202651573192/Gartner-Ratchets-Up-Legal-IT-Research-#ixzz2zMwvCwkb
April 25, 2014
The research and advisory company plans to release a number of reports on legal technology later this year. * * * “We are improving our coverage of the space because we see legal IT as one of the next big marketplaces that, to date, has been underserved by the IT industry,” said French Caldwell, vice president at Gartner and lead author of the report, in an interview with Law Technology News. Caldwell heads up risk, compliance and governance research at Gartner. Read more: http://www.lawtechnologynews.com/id=1202651573192/Gartner-Ratchets-Up-Legal-IT-Research-#ixzz2zMwvCwkb
The Role of Arbitrators as Ethics Enforcers
April 25, 2014
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law, has published Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers, University of Louisville Law Review, Vol. 52, No. 442, 2014. In the article, Professor Blankley continues her examination of ethics in arbitration. Here is the abstract: This work is the third in a trilogy of Articles in the area of ethics for arbitration participants. This work completes the trilogy by considering...
April 25, 2014
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law, has published Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers, University of Louisville Law Review, Vol. 52, No. 442, 2014. In the article, Professor Blankley continues her examination of ethics in arbitration. Here is the abstract: This work is the third in a trilogy of Articles in the area of ethics for arbitration participants. This work completes the trilogy by considering...
All Rise: The Era of Legal Startups is Now in Session
April 25, 2014
The legal industry has not been particularly well known for innovation and forward thinking. This massive industry, however, is presently in acute distress. News in recent years has highlighted the cracks in the traditional law firm business model, as clients have begun pushing back against stratospheric rates and significant inefficiencies. Storied firms have been folding, merging, and laying off staff and attorneys at unprecedented rates. The legal market’s transition is, however,...
April 25, 2014
The legal industry has not been particularly well known for innovation and forward thinking. This massive industry, however, is presently in acute distress. News in recent years has highlighted the cracks in the traditional law firm business model, as clients have begun pushing back against stratospheric rates and significant inefficiencies. Storied firms have been folding, merging, and laying off staff and attorneys at unprecedented rates. The legal market’s transition is, however,...
Crowd Arbitration: Crowdsourced Dispute Resolution Part V
April 24, 2014
Some forms of crowdsourced dispute resolution currently exist online. These dispute resolution processes can be put into three general categories: Opinion polls, online mock juries, and privately enforced crowdsourced dispute resolution. See Jaap van den Herik & Daniel V. Dimov, Towards Crowdsourced Online Dispute Resolution, International Association of IT Lawyers (IAITL) 244-257 (September 19, 2011),ssrn.com/abstract=1933392. Opinion polls are found informally across the Internet. Many...
April 24, 2014
Some forms of crowdsourced dispute resolution currently exist online. These dispute resolution processes can be put into three general categories: Opinion polls, online mock juries, and privately enforced crowdsourced dispute resolution. See Jaap van den Herik & Daniel V. Dimov, Towards Crowdsourced Online Dispute Resolution, International Association of IT Lawyers (IAITL) 244-257 (September 19, 2011),ssrn.com/abstract=1933392. Opinion polls are found informally across the Internet. Many...
Crowd Arbitration: Crowdsourced Dispute Resolution Part IV
April 24, 2014
Can crowd arbitration do justice? It depends, of course, on the definition of justice. According to H.L.A. Hart inThe Concept of Law, justice means having like cases being treated alike. H.L.A. HART, THE CONCEPT OF LAW (2nd ed., Oxford, Clarendon Press, 1994), Ch. VII. Only relevant differences should be considered when reaching a different result from another case. Id. Under this definition, crowd arbitration’s justness depends on the consistency of the community in similar cases. Because...
April 24, 2014
Can crowd arbitration do justice? It depends, of course, on the definition of justice. According to H.L.A. Hart inThe Concept of Law, justice means having like cases being treated alike. H.L.A. HART, THE CONCEPT OF LAW (2nd ed., Oxford, Clarendon Press, 1994), Ch. VII. Only relevant differences should be considered when reaching a different result from another case. Id. Under this definition, crowd arbitration’s justness depends on the consistency of the community in similar cases. Because...
Crowd Arbitration: Crowdsourced Dispute Resolution Part III
April 24, 2014
Do the benefits of time and cost savings make crowd arbitration a less reliable means of dispute resolution? In fact, the result is the opposite–having more people participate is actually likely to make the dispute resolution far more reliable and predictable than any other method. This reliability comes from the power of numbers. Statistically, averaging a larger sample provides a more accurate reflection of the community’s reasoning and values. Put another way, crowd arbitration eliminates...
April 24, 2014
Do the benefits of time and cost savings make crowd arbitration a less reliable means of dispute resolution? In fact, the result is the opposite–having more people participate is actually likely to make the dispute resolution far more reliable and predictable than any other method. This reliability comes from the power of numbers. Statistically, averaging a larger sample provides a more accurate reflection of the community’s reasoning and values. Put another way, crowd arbitration eliminates...
Crowd Arbitration: Crowdsourced Dispute Resolution Part II
April 24, 2014
Crowdsourcing is a potential source of substantial benefits to dispute resolution. The main reason for these benefits is that crowdsourcing easily pools together the views of a large amount of people, far more than could be collected into a single room for arbitration or a courtroom. By moving dispute resolution into the virtual space, the physical limitations of dispute resolution are eliminated. As experiments with Amazon’s Mechanical Turk crowd intelligence platform show, crowdsourcing can be extremely...
April 24, 2014
Crowdsourcing is a potential source of substantial benefits to dispute resolution. The main reason for these benefits is that crowdsourcing easily pools together the views of a large amount of people, far more than could be collected into a single room for arbitration or a courtroom. By moving dispute resolution into the virtual space, the physical limitations of dispute resolution are eliminated. As experiments with Amazon’s Mechanical Turk crowd intelligence platform show, crowdsourcing can be extremely...
Crowd Arbitration: Crowdsourced Dispute Resolution Part I
April 24, 2014
Meaningful artificial intelligence is still a far-away technology. But crowdsourced intelligence, which harnesses the collective...
April 24, 2014
Meaningful artificial intelligence is still a far-away technology. But crowdsourced intelligence, which harnesses the collective...
4 Ways Your Brain Can Ruin Your Chances for Success
April 23, 2014
The statistics for startup success can be grim. Approximately 75 percent of all startups fail, and about 90 percent of all products fail. Yet every day, new entrepreneurs dream up products and services and jump into the startup fray. What's really tripping up the ones who barely make it out of the starting gate? The economy, of course, doesn't make things easy. But perhaps there's something much closer to home that increases the challenge. Our brains are powerful processing tools, but just like...
April 23, 2014
The statistics for startup success can be grim. Approximately 75 percent of all startups fail, and about 90 percent of all products fail. Yet every day, new entrepreneurs dream up products and services and jump into the startup fray. What's really tripping up the ones who barely make it out of the starting gate? The economy, of course, doesn't make things easy. But perhaps there's something much closer to home that increases the challenge. Our brains are powerful processing tools, but just like...
State Not Federal Law Controls Non-Signatory Question in Fifth Circuit
April 23, 2014
Affirming the District Court's judgment compelling arbitration, the Fifth Circuit overrules prior precedent regarding non-signatories and the enforcement of arbitration agreements under the Federal Arbitration Act. Whereas previous Circuit precedent had applied Federal common law to resolve issues involving non-signatories under the FAA, this opinion holds that state law should instead control analysis of such issues. The Court's opinion recognizes that its prior decisions applying Federal...
April 23, 2014
Affirming the District Court's judgment compelling arbitration, the Fifth Circuit overrules prior precedent regarding non-signatories and the enforcement of arbitration agreements under the Federal Arbitration Act. Whereas previous Circuit precedent had applied Federal common law to resolve issues involving non-signatories under the FAA, this opinion holds that state law should instead control analysis of such issues. The Court's opinion recognizes that its prior decisions applying Federal...
