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10 Charts from 2013 That Changed the Way We Think
December 31, 2013
1. Asian countries are overtaking European countries when it comes to prosperity: 2. The most common area of weakness...
December 31, 2013
1. Asian countries are overtaking European countries when it comes to prosperity: 2. The most common area of weakness...
Preventing Conflicts in Family Businesses
December 31, 2013
Conflicts are a daily reality for everyone, especially in a work environment. While some are minor and easy to handle, others require specific attention in order to avoid tensions and lasting enmities among co-workers. This is especially true in the context of family businesses where relationships are embedded in a system comprised of family dynamics and business structures. Unfortunately, sweeping actual or potential conflicts under the rug remains the first reflex of most business owners. ...
December 31, 2013
Conflicts are a daily reality for everyone, especially in a work environment. While some are minor and easy to handle, others require specific attention in order to avoid tensions and lasting enmities among co-workers. This is especially true in the context of family businesses where relationships are embedded in a system comprised of family dynamics and business structures. Unfortunately, sweeping actual or potential conflicts under the rug remains the first reflex of most business owners. ...
Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare
December 30, 2013
On November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its fall 2013 symposium, entitled “Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare.” Friend of IndisputablyLela Love was kind enough to send along this synopsis of the event. ———————- “Tell us please, what treatment in an emergency is administered by ear?”…. I met his gaze and I did not blink. “Words of comfort,” I said to my father.” (from Cutting...
December 30, 2013
On November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its fall 2013 symposium, entitled “Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare.” Friend of IndisputablyLela Love was kind enough to send along this synopsis of the event. ———————- “Tell us please, what treatment in an emergency is administered by ear?”…. I met his gaze and I did not blink. “Words of comfort,” I said to my father.” (from Cutting...
Beyond International Commercial Arbitration? The Promise of International Commercial Mediation
December 30, 2013
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law (and a friend of this blog) has published “Beyond International Commercial Arbitration? the Promise of International Commercial Mediation,” 42 Washington University Journal of Law and Policy, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-21. In her article, Professor Strong examines the role of mediation in international business disputes. Here is the abstract: Although...
December 30, 2013
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law (and a friend of this blog) has published “Beyond International Commercial Arbitration? the Promise of International Commercial Mediation,” 42 Washington University Journal of Law and Policy, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-21. In her article, Professor Strong examines the role of mediation in international business disputes. Here is the abstract: Although...
Nation’s Law Schools See Lowest Enrollment Since 1975
December 27, 2013
The number of entering law students nationwide dropped below 40,000 this fall for the first time in close to four decades. According to figures released by the American Bar Association, law schools enrolled 39,675 new students this fall—an 11 percent decrease from the 44,481 students who enrolled last fall. The last time law schools saw such low 1L enrollment was 1975, when there were 163 ABA-accredited law schools. There are 202 such schools today. Even more ominous for law schools administrators,...
December 27, 2013
The number of entering law students nationwide dropped below 40,000 this fall for the first time in close to four decades. According to figures released by the American Bar Association, law schools enrolled 39,675 new students this fall—an 11 percent decrease from the 44,481 students who enrolled last fall. The last time law schools saw such low 1L enrollment was 1975, when there were 163 ABA-accredited law schools. There are 202 such schools today. Even more ominous for law schools administrators,...
Harnessing the Beast: Litigation Readiness for Big Data
December 27, 2013
Today, almost all business communications are created and stored electronically, and subject to legal discovery regardless of format. This wholesale shift means that traditional paper-based litigation practices and discovery have disappeared and electronic data discovery is here to stay. Through pioneering work to systematically parse and aggregate massive volumes of information, Big Data analytics have provided corporations with greater insight into case dynamics without attorney review of each...
December 27, 2013
Today, almost all business communications are created and stored electronically, and subject to legal discovery regardless of format. This wholesale shift means that traditional paper-based litigation practices and discovery have disappeared and electronic data discovery is here to stay. Through pioneering work to systematically parse and aggregate massive volumes of information, Big Data analytics have provided corporations with greater insight into case dynamics without attorney review of each...
Arbitral Autonomy
December 27, 2013
Ali Khan, Professor of Law at Washburn University School of Law, has published an interesting article entitled, Arbitral Autonomy, Louisiana Law Review, Vol. 74, No. 2, 2013. In his paper, Professor Khan discusses the need to minimize court challenges to arbitration in order to successfully achieve arbitral autonomy. Here is the abstract: This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement...
December 27, 2013
Ali Khan, Professor of Law at Washburn University School of Law, has published an interesting article entitled, Arbitral Autonomy, Louisiana Law Review, Vol. 74, No. 2, 2013. In his paper, Professor Khan discusses the need to minimize court challenges to arbitration in order to successfully achieve arbitral autonomy. Here is the abstract: This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement...
Arbitration Clause Applies to Legal Malpractice Claim
December 27, 2013
Maine law firm Bernstein, Shur, Sawyer & Nelson’s contract requiring a former client to arbitrate all claims applies to malpractice claims, the U.S. Court of Appeals for the First Circuit has ruled. In Bezio v. Draeger, the court on Monday affirmed U.S. District Court Judge Nancy Torresen’s July 2013 dismissal of the case. According to court records, Douglas Bezio hired Bernstein Shur to defend him in an action brought by the Maine Office of Securities. His contract with the firm held...
December 27, 2013
Maine law firm Bernstein, Shur, Sawyer & Nelson’s contract requiring a former client to arbitrate all claims applies to malpractice claims, the U.S. Court of Appeals for the First Circuit has ruled. In Bezio v. Draeger, the court on Monday affirmed U.S. District Court Judge Nancy Torresen’s July 2013 dismissal of the case. According to court records, Douglas Bezio hired Bernstein Shur to defend him in an action brought by the Maine Office of Securities. His contract with the firm held...
Journal of Online Access to Law
December 26, 2013
Today brought the launch of the Journal of Open Access to Law, an open-access, peer-reviewed academic journal devoted to promoting...
December 26, 2013
Today brought the launch of the Journal of Open Access to Law, an open-access, peer-reviewed academic journal devoted to promoting...
In Walmart Fee Fight, Ninth Circuit Balks at ‘Non-Appealable’ Arbitration
December 26, 2013
Two Bay Area plaintiff lawyers have won an arbitration battle but lost a bitter $28 million fee war. The U.S. Court of Appeals for the Ninth Circuit ruled Tuesday that Carolyn Burton and Robert Mills may challenge the allocation of legal fees in multidistrict litigation against Walmart, even though they had previously agreed to "non-appealable" arbitration. "Permitting parties to contractually eliminate all judicial review of arbitration awards would not only run counter to the text" of the Federal...
December 26, 2013
Two Bay Area plaintiff lawyers have won an arbitration battle but lost a bitter $28 million fee war. The U.S. Court of Appeals for the Ninth Circuit ruled Tuesday that Carolyn Burton and Robert Mills may challenge the allocation of legal fees in multidistrict litigation against Walmart, even though they had previously agreed to "non-appealable" arbitration. "Permitting parties to contractually eliminate all judicial review of arbitration awards would not only run counter to the text" of the Federal...
