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Richard Thaler and the Rise of Behavioral Economics
March 2, 2018
The emergence of behavioral economics is one of the most significant conceptual developments in the social sciences in the past 40 years. The central figure in the field in its early years was Richard Thaler. In this article, I review and discuss his scientific contributions.
March 2, 2018
The emergence of behavioral economics is one of the most significant conceptual developments in the social sciences in the past 40 years. The central figure in the field in its early years was Richard Thaler. In this article, I review and discuss his scientific contributions.
Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication
February 28, 2018
This article empirically studies current claims that patent trolls, also known as patent assertion entities (PAEs) or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores these claims by examining the relationship between the type of patentee-plaintiffs and litigation outcomes (e.g., settlement, grant of summary judgment, trial, and procedural dispositions), while taking into account, among...
February 28, 2018
This article empirically studies current claims that patent trolls, also known as patent assertion entities (PAEs) or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores these claims by examining the relationship between the type of patentee-plaintiffs and litigation outcomes (e.g., settlement, grant of summary judgment, trial, and procedural dispositions), while taking into account, among...
A Glimpse Below the Waterline in Patent Enforcement Activity
February 27, 2018
A recent working paper, The Patent Enforcement Iceberg, illustrates nicely the strengths and limitations of survey work designed to "see" the legally "unseen." In it, Mark Lemley (Stanford) et al., begin by observing that while knowing "quite a bit about patent litigation,” what is comparably far less understood is the degree of patent assertions that take place “outside of [formal] litigation.” This scholarly impulse, addressing a common problem in empirical legal studies, seeks to gain...
February 27, 2018
A recent working paper, The Patent Enforcement Iceberg, illustrates nicely the strengths and limitations of survey work designed to "see" the legally "unseen." In it, Mark Lemley (Stanford) et al., begin by observing that while knowing "quite a bit about patent litigation,” what is comparably far less understood is the degree of patent assertions that take place “outside of [formal] litigation.” This scholarly impulse, addressing a common problem in empirical legal studies, seeks to gain...
Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana
February 27, 2018
Many physicians and tort reform advocates believe that most medical malpractice (med mal) claims are “frivolous.” As evidence, they often rely on reports that only about 20 percent of claims result in a payout. Many physicians and reform advocates also believe that plaintiffs lawyers often sue every health provider with even a remote a connection to the patient. Plaintiffs’ lawyers, however, insist that they screen med mal cases carefully, and when they bring a claim, are selective in whom...
February 27, 2018
Many physicians and tort reform advocates believe that most medical malpractice (med mal) claims are “frivolous.” As evidence, they often rely on reports that only about 20 percent of claims result in a payout. Many physicians and reform advocates also believe that plaintiffs lawyers often sue every health provider with even a remote a connection to the patient. Plaintiffs’ lawyers, however, insist that they screen med mal cases carefully, and when they bring a claim, are selective in whom...
Empirical Study Reveals 14 Key Components of Creativity
February 26, 2018
In a world where robots seem to be taking over the world, the hottest buzzword amongst recruiters is “creative.” In every field, employers are desperately searching for “highly creative” human candidates. But ask recruiters and employers what constitutes creativity—and how they will recognize a creative person—and they are flummoxed. The 14 key components of creativity were identified as: Active Involvement and Persistence: Comfort with Uncertainty: Domain Competence: ...
February 26, 2018
In a world where robots seem to be taking over the world, the hottest buzzword amongst recruiters is “creative.” In every field, employers are desperately searching for “highly creative” human candidates. But ask recruiters and employers what constitutes creativity—and how they will recognize a creative person—and they are flummoxed. The 14 key components of creativity were identified as: Active Involvement and Persistence: Comfort with Uncertainty: Domain Competence: ...
Interview with Josh Becker, CEO of Lex Machina
February 25, 2018
At Legalweek in New York, I caught up with Josh Becker, CEO of legal analytics company Lex Machina. Had no idea until we finished...
February 25, 2018
At Legalweek in New York, I caught up with Josh Becker, CEO of legal analytics company Lex Machina. Had no idea until we finished...
Smart Contracts
February 23, 2018
Gabriel Jaccard (University of Geneva, Faculty of Law, Department of Private International Law) has posted Smart Contracts and the Role of Law on SSRN. Here is the abstract: This paper gives an overview on smart contracts and assess their legal relevance. The first part, explains the notion of smart contract and provides simple examples of it. In the second part, we propose a legal analysis of smart contract. First, we explore how smart contracts can be relevant in the eyes of the law. Then...
February 23, 2018
Gabriel Jaccard (University of Geneva, Faculty of Law, Department of Private International Law) has posted Smart Contracts and the Role of Law on SSRN. Here is the abstract: This paper gives an overview on smart contracts and assess their legal relevance. The first part, explains the notion of smart contract and provides simple examples of it. In the second part, we propose a legal analysis of smart contract. First, we explore how smart contracts can be relevant in the eyes of the law. Then...
Top 10 Claims Trends That Will Affect 2018
February 22, 2018
2017 will be remembered as the landmark year for digital transformation of claims processing within the property/casualty insurance industry. After all, it was the year we saw the use of drones for home roof inspections, auto appraisals via photos, customer video chat and bots used in claims processing. While many of these solutions have been topics of discussion in the industry for quite some time, insurers began to implement them in earnest through new technology during 2017. Here’s a deeper...
February 22, 2018
2017 will be remembered as the landmark year for digital transformation of claims processing within the property/casualty insurance industry. After all, it was the year we saw the use of drones for home roof inspections, auto appraisals via photos, customer video chat and bots used in claims processing. While many of these solutions have been topics of discussion in the industry for quite some time, insurers began to implement them in earnest through new technology during 2017. Here’s a deeper...
Robot Lawyers in 2018? Fantasy, Reality and the Bright Future of Legal Technology
February 22, 2018
Amid these 'smart' toolsets, lawyers will not disappear, but they will do better work in the months and years to come, and they will do it faster and more efficiently. In spite of what you may have heard, robots will not be infiltrating the legal profession any time soon. Artificial intelligence (AI) and related technologies like machine learning and natural language processing have attracted rapturous attention over the last year and indeed hold tremendous promise. In fact, many organizations that...
February 22, 2018
Amid these 'smart' toolsets, lawyers will not disappear, but they will do better work in the months and years to come, and they will do it faster and more efficiently. In spite of what you may have heard, robots will not be infiltrating the legal profession any time soon. Artificial intelligence (AI) and related technologies like machine learning and natural language processing have attracted rapturous attention over the last year and indeed hold tremendous promise. In fact, many organizations that...
Combating Professional Error in Bankruptcy Analysis Through the Design and Use of Decision Trees in Clinical Pedagogy
February 21, 2018
The evolution of legal education has been punctuated by dynamic change, but its focus has always been teaching analytical...
February 21, 2018
The evolution of legal education has been punctuated by dynamic change, but its focus has always been teaching analytical...
