Mediators need to remember stuff – lots of stuff.
Sure, it helps to have a flush mentality – as my very first, and now long gone, boss used to tell me. Mr. Dalgety would come back to the office after a hearing, raise his hand beside his head and pull an imaginary chain before moving to his next case.
Likewise for the duration of a mediation, especially on mediation day, successful mediators need to hold, and retrieve, large amounts of data. Our ability to take in information, store...
A psychologist by training, Kahneman has never taken a course in economics; yet he was awarded the Nobel Prize in Economics in 2002. How did that happen? He says his work came about from two conversations. His late colleague Amos Tversky showed him a paper called “The Psychological Assumptions of Economics,” which posited that the agent of economic theory is rational, selfish, and with tastes that do not change. To a psychologist, Kahneman said, this is astonishing. The notion that our beliefs...
As technological breakthroughs rapidly shift the frontier between the work tasks performed by humans and those performed by machines and algorithms, global labour markets are likely to undergo major transformations. These transformations, if managed wisely, could lead to a new age of good work, good jobs and improved quality of life for all, but if managed poorly, pose the risk of widening skills gaps, greater inequality and broader polarization. In many ways, the time to shape the future of work...
In this article, we examine an important threshold question in judicial behavior and administrative law: When do federal circuit courts decide to use the Chevron deference framework and when do they select a framework that is less deferential to the administrative agency's statutory interpretation? The question is important because the purpose of Chevron deference is to give agencies—not judges—policy‐making space within statutory interpretation. We expect, nonetheless, that whether to invoke...