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Does Information about Arbitrators’ Win/Loss Ratios Improve Their Accuracy?
September 5, 2013
This paper examines how providing litigants with information about arbitrators’ win/loss ratios affects arbitrators’ incentives in deciding the cases before them in an impartial and unbiased manner. We show that if litigants are informed about arbitrators’ past decisions, then arbitrators might want to make an incorrect decision when a correct decision would raise the suspicion that they are biased. Therefore, providing information about arbitrators’ past decisions might create adverse incentive...
September 5, 2013
This paper examines how providing litigants with information about arbitrators’ win/loss ratios affects arbitrators’ incentives in deciding the cases before them in an impartial and unbiased manner. We show that if litigants are informed about arbitrators’ past decisions, then arbitrators might want to make an incorrect decision when a correct decision would raise the suspicion that they are biased. Therefore, providing information about arbitrators’ past decisions might create adverse incentive...
In Practice: What’s Wrong With a Mediator’s Proposal?
September 5, 2013
When parties are far apart in negotiations, jumping to a neutral evaluation can be a disservice to the settlement process, explains Jan Frankel Schau of ADR Services.
September 5, 2013
When parties are far apart in negotiations, jumping to a neutral evaluation can be a disservice to the settlement process, explains Jan Frankel Schau of ADR Services.
Jury Size and the Hung-Jury Paradox
September 5, 2013
In Williams v. Florida (399 U.S. 78 [1970]), the U.S. Supreme Court decided a case addressing the constitutionality of juries...
September 5, 2013
In Williams v. Florida (399 U.S. 78 [1970]), the U.S. Supreme Court decided a case addressing the constitutionality of juries...
New Details on ALM’s Digital Memberships
September 4, 2013
I noted last week that legal publisher ALM – parent to Law.com, The American Lawyer, The National Law Journal, Law...
September 4, 2013
I noted last week that legal publisher ALM – parent to Law.com, The American Lawyer, The National Law Journal, Law...
Tech Skills Are The Key To Law Students’ Future Employment, Says ‘13 Legal Rebel Dan Katz
September 4, 2013
Law professor Daniel Martin Katz is betting the pot–his future and those of his students–on a radical model of legal training and job placement. Katz's ReInvent Law Laboratory, which he co-founded and co-directs with fellow Michigan State University College of Law professor Renee Newman Knake, aims to prepare students and practicing lawyers for what the face of law will become as traditional delivery models stagnate and legal technology startups and alternative service providers continue to expand. "The...
September 4, 2013
Law professor Daniel Martin Katz is betting the pot–his future and those of his students–on a radical model of legal training and job placement. Katz's ReInvent Law Laboratory, which he co-founded and co-directs with fellow Michigan State University College of Law professor Renee Newman Knake, aims to prepare students and practicing lawyers for what the face of law will become as traditional delivery models stagnate and legal technology startups and alternative service providers continue to expand. "The...
A&O’s Morley On The Future of Legal Services: Reinvent or Disappear
September 4, 2013
Allen & Overy (A&O) senior partner David Morley says the world’s top firms will need to reinvent themselves...
September 4, 2013
Allen & Overy (A&O) senior partner David Morley says the world’s top firms will need to reinvent themselves...
Predictive Policing May Help Bag Burglars—But It May Also Be A Constitutional Problem
September 4, 2013
Imagine a police officer at roll call. He gets a printout stating that at a certain time, on a particular city block, there’s a certain percentage chance that a burglary will take place. Motivated by the odds, the officer heads over to that neighborhood around that very time. While there, he spots a man carrying a black bag. Does the printout, combined with the officer’s observations, amount to reasonable suspicion such that the man could be appropriately stopped and searched? That’s just...
September 4, 2013
Imagine a police officer at roll call. He gets a printout stating that at a certain time, on a particular city block, there’s a certain percentage chance that a burglary will take place. Motivated by the odds, the officer heads over to that neighborhood around that very time. While there, he spots a man carrying a black bag. Does the printout, combined with the officer’s observations, amount to reasonable suspicion such that the man could be appropriately stopped and searched? That’s just...
Against Reinvention: More Forward Not Backward
September 4, 2013
It's fashionable nowadays to talk about reinventing and disrupting the legal profession. We celebrate "legal rebels " — The American Bar Association's list contains many admirable choices. Daniel Katz and Renee Knake, faculty at the Michigan State University's law school, have done the global community a great service with their ReinventLaw events. But I've long felt cognitive dissonance around the reinvent meme. If something has already been invented, what's the point of reinventing it? If things...
September 4, 2013
It's fashionable nowadays to talk about reinventing and disrupting the legal profession. We celebrate "legal rebels " — The American Bar Association's list contains many admirable choices. Daniel Katz and Renee Knake, faculty at the Michigan State University's law school, have done the global community a great service with their ReinventLaw events. But I've long felt cognitive dissonance around the reinvent meme. If something has already been invented, what's the point of reinventing it? If things...
Law Firms Can’t Describe ‘Specialties’ on LinkedIn, New York Ethics Opinion Says
September 3, 2013
Law firms may not describe their services in a section of LinkedIn devoted to specialties, according to a New York ethics...
September 3, 2013
Law firms may not describe their services in a section of LinkedIn devoted to specialties, according to a New York ethics...
Best Way To Boost Access To Justice? Change Ethics Rules, ‘13 Legal Rebel Renee Knake Says
September 3, 2013
Two years ago, professional responsibility law professor Renee Newman Knake knew she could no longer tout a rewarding and meaningful career in the law. As she saw it, the profession was plagued by wasteful inefficiency, a precipitous market drop, and the inability to serve a growing swath of the U.S. population. "If I was going to stand up in front of my students and really believe that having a legal degree and a career as a lawyer can be among the most fulfilling career choices a person can make,"...
September 3, 2013
Two years ago, professional responsibility law professor Renee Newman Knake knew she could no longer tout a rewarding and meaningful career in the law. As she saw it, the profession was plagued by wasteful inefficiency, a precipitous market drop, and the inability to serve a growing swath of the U.S. population. "If I was going to stand up in front of my students and really believe that having a legal degree and a career as a lawyer can be among the most fulfilling career choices a person can make,"...
