Patriots’ quarterback Tom Brady’s sentiments about the ordeal of “Deflategate”, a story and a litigation that needlessly lingered around for seven months, reflects Abraham Lincoln’s sentiments over 150 years ago. Brady’s statement, reported recently in TIME magazine, came after he won his appeal of the NFL’s decision to suspend him for four games for his alleged “general knowledge” about the team deflating footballs below the league’s range of inflation during a playoff game.
Brady’s...
Employment litigation is one of the most common areas of litigation. In addition, in general it is an extremely emotionally difficult area to litigate because of the significant emotions on both sides. For that reason, it’s an area of law that’s well suited for negotiation or mediation, given the time, expense and emotional cost a trial can inflict. It is important to understand that when employees lose their job, they suffer grief over the loss. That grief can create major emotional barriers...
Mark C. Weidemaier, Assistant Professor of Law at the University of North Carolina (UNC) at Chapel Hill School of Law, has published “Customized Procedure in Theory and Reality,” Washington and Lee Law Review, Vol. 72, No. 4, 2015. In his scholarly article, Professor Weidemaier analyzes procedural autonomy and dispute resolution practices in the context of commercial contracts.
Here is the abstract:
Contract theory has long posited that parties can maximize contract value by specifying the procedural...
When dealing with another round of boorish behavior by opposing counsel, who hasn't quietly wondered: "If only we could settle this the old-fashioned way." Even though modern trials evolved from the trial by combat of the Middle Ages, today our chosen champions wear suits instead of armor, wield laptops instead of swords, and face off in courtrooms rather than courtyards. Recently, however, a "Game of Thrones"-inspired lawyer from New York actually filed a motion in court seeking trial by combat.
Staten...
It is time once to prepare for the annual conference on Online Dispute Resolution (ODR), Cyberweek 2015. This online conference provides a week of activities and dialogue regarding the world of ODR. Cyberweek 2015 will take place beginning Monday, November 2nd through Friday, November 6th. And it’s FREE!
We are currently in the process of identifying potential activities for the conference. Here are some questions to help you consider developing a proposal.
•Is there an ODR topic on which...
Imagine working out a divorce without hiring an attorney or stepping into court or disputing the tax assessment on your home completely online.
A Silicon Valley company is starting to make both possibilities a reality with software that experts say represents the next wave of technology in which the law is turned into computer code that can solve legal battles without the need for a judge or attorney.
"We're not quite at the Google car stage in law, but there are no conceptual or technical...