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Neuroscience Helps Explain Why Mediation Techniques Work
September 9, 2013
While some remain skeptical, many value neuroscience to help explain why mediation techniques work and to provide insights into what may be most helpful to address challenging situations. In a brief overview of neuroscience, examples such as priming and framing show how standard mediation moves can be understood in a neuroscience framework. Daily Report (June 24, 2013).
September 9, 2013
While some remain skeptical, many value neuroscience to help explain why mediation techniques work and to provide insights into what may be most helpful to address challenging situations. In a brief overview of neuroscience, examples such as priming and framing show how standard mediation moves can be understood in a neuroscience framework. Daily Report (June 24, 2013).
How To Make Choosing Easier
September 9, 2013
We all think we're good at making choices; many of us even enjoy making them. Sheena Iyengar looks deeply at choosing and has discovered...
September 9, 2013
We all think we're good at making choices; many of us even enjoy making them. Sheena Iyengar looks deeply at choosing and has discovered...
Federal Court in Ohio Upholds Oral Settlement Agreement Reached in Mediation
September 9, 2013
Applying Ohio and Sixth Circuit law, a federal court in Ohio upheld an oral settlement agreement reached in mediation, even though plaintiffs changed their minds after mediation and refused to sign a written agreement. The court found that an agreement had been reached in mediation because settlement was reported to the court by the mediator and was confirmed by plaintiffs’ counsel asking for more time to obtain signatures. However, plaintiffs had forgotten to ask that their credit history be cleaned...
September 9, 2013
Applying Ohio and Sixth Circuit law, a federal court in Ohio upheld an oral settlement agreement reached in mediation, even though plaintiffs changed their minds after mediation and refused to sign a written agreement. The court found that an agreement had been reached in mediation because settlement was reported to the court by the mediator and was confirmed by plaintiffs’ counsel asking for more time to obtain signatures. However, plaintiffs had forgotten to ask that their credit history be cleaned...
Extraneous Factors in Judicial Decisions: What Did the Judge Have for Breakfast?
September 9, 2013
Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings. We test the common caricature of realism that justice is “what the judge ate for breakfast” in sequential...
September 9, 2013
Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings. We test the common caricature of realism that justice is “what the judge ate for breakfast” in sequential...
Legal Ethics Rules and the Federal Arbitration Act
September 8, 2013
While the U.S. Supreme Court as recently as last month has affirmed its preference to enforce contractual arbitration clauses, a federal judge in Philadelphia questioned Wednesday whether that standard is impacted by professional ethics rules when the arbitration clause involves a law firm's client engagement letter. In a hearing on whether the legal malpractice case of Sanford v. Bracewell & Giuliani should be stayed pending arbitration, U.S. District Judge Joel Slomsky of the Eastern District...
September 8, 2013
While the U.S. Supreme Court as recently as last month has affirmed its preference to enforce contractual arbitration clauses, a federal judge in Philadelphia questioned Wednesday whether that standard is impacted by professional ethics rules when the arbitration clause involves a law firm's client engagement letter. In a hearing on whether the legal malpractice case of Sanford v. Bracewell & Giuliani should be stayed pending arbitration, U.S. District Judge Joel Slomsky of the Eastern District...
Comparing Firm Billing Rates by Practice, City, Size
September 8, 2013
For in-house counsel who want to do some comparison shopping on law firm billing rates, a new analysis from TyMetrix Legal...
September 8, 2013
For in-house counsel who want to do some comparison shopping on law firm billing rates, a new analysis from TyMetrix Legal...
GCs Not Satisfied With Outside Counsel Rates
September 8, 2013
The Consero Group’s new “2013 Spring General Counsel Survey,”which addresses several areas of concern to in-house counsel at U.S. companies, has found that 61 percent of Fortune 1000 general counsel are not satisfied with the rates they pay to their outside counsel—a sign that economic pressures are forcing alternative fee arrangements to again become an important issue in corporate board rooms. The survey, compiled by the executive events organizer Consero Group in partnership with Applied...
September 8, 2013
The Consero Group’s new “2013 Spring General Counsel Survey,”which addresses several areas of concern to in-house counsel at U.S. companies, has found that 61 percent of Fortune 1000 general counsel are not satisfied with the rates they pay to their outside counsel—a sign that economic pressures are forcing alternative fee arrangements to again become an important issue in corporate board rooms. The survey, compiled by the executive events organizer Consero Group in partnership with Applied...
Social Networking Abuse and Its Impact on Family Law Practice
September 8, 2013
Technology used in the context of separation and divorce is not always of the facilitating variety. To the contrary, family court judges and lawyers frequently observe how that same technology is used as a weapon -- either to gain an advantage in litigation or to intimidate or harass an opponent, writes commentator Mark A. Momjian.
September 8, 2013
Technology used in the context of separation and divorce is not always of the facilitating variety. To the contrary, family court judges and lawyers frequently observe how that same technology is used as a weapon -- either to gain an advantage in litigation or to intimidate or harass an opponent, writes commentator Mark A. Momjian.
Rules for Enforcement of Spousal Maintenance, Contractual Alimony
September 8, 2013
New amendments to the spousal maintenance provisions of the Texas Family Code take effect September 1, 2013, and apply to the enforcement of contractual provisions of a divorce approved by the court regardless of whether the agreement was approved by the decree of the divorce and rendered before, on, or after the effective date, explains attorney Julia Henry.
September 8, 2013
New amendments to the spousal maintenance provisions of the Texas Family Code take effect September 1, 2013, and apply to the enforcement of contractual provisions of a divorce approved by the court regardless of whether the agreement was approved by the decree of the divorce and rendered before, on, or after the effective date, explains attorney Julia Henry.
Law Schools Still ‘Inaccurate’ on Employment Numbers, Says Law Prof (video)
September 7, 2013
Ben Trachtenberg, associate professor at the University of Missouri School of Law, talks with Bloomberg Law's Lee Pacchia about how a recent set of disciplinary actions against law school administrators for misrepresenting employment data will impact the movement to reform legal education.
September 7, 2013
Ben Trachtenberg, associate professor at the University of Missouri School of Law, talks with Bloomberg Law's Lee Pacchia about how a recent set of disciplinary actions against law school administrators for misrepresenting employment data will impact the movement to reform legal education.
