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Arbitration
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...
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...
The Future of Class Arbitration Part III
April 22, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding...
April 22, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding...
The Future of Class Arbitration Part II
April 22, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. ...
April 22, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. ...
The Future of Class Arbitration Part I
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
The NLRB Busts Hospital for Discouraging Negativity
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
The McCarran-Ferguson Act and Reverse Preemption Part V
April 18, 2014
In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2] The PPACA marks the first federal law to comprehensively regulate the business of insurance since the enactment of the McCarran-Ferguson Act in 1945.[3] The first prong of the McCarran-Ferguson...
April 18, 2014
In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2] The PPACA marks the first federal law to comprehensively regulate the business of insurance since the enactment of the McCarran-Ferguson Act in 1945.[3] The first prong of the McCarran-Ferguson...
The McCarran-Ferguson Act and Reverse Preemption Part IV
April 18, 2014
In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3] The appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not reverse preempt the FAA via the McCarran-Ferguson Act.[4] Specifically, the appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not “regulat[e]...
April 18, 2014
In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3] The appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not reverse preempt the FAA via the McCarran-Ferguson Act.[4] Specifically, the appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not “regulat[e]...
