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Kentucky Supreme Court: FAA Doesn’t Preempt Kentucky’s Ban on Mandatory Employment Arbitration
October 24, 2018
Meanwhile, back in Kentucky, employers are thinking about next steps in the wake of Northern Kentucky Area Development District v. Synder, decided Sept. 27, 2018. There, the Kentucky Supreme Court held that the Federal Arbitration Act of 1925 ("FAA") does not preempt a Kentucky statute that, among other things, bans employers from making arbitration of employment disputes a condition of employment. Given how at least four US Supreme Court Justices may want to read the FAA, Synder might soon...
October 24, 2018
Meanwhile, back in Kentucky, employers are thinking about next steps in the wake of Northern Kentucky Area Development District v. Synder, decided Sept. 27, 2018. There, the Kentucky Supreme Court held that the Federal Arbitration Act of 1925 ("FAA") does not preempt a Kentucky statute that, among other things, bans employers from making arbitration of employment disputes a condition of employment. Given how at least four US Supreme Court Justices may want to read the FAA, Synder might soon...
A Data-Driven Exploration of Arbitration as a Settlement Tool: How Can We Express Confidence in Small Data Samples?
October 23, 2018
Recently, CRC Press published Data-Driven Law: Data Analytics and the New Legal Services by Edward J. Walters. The volume’s contributed chapters cover a wide range of topics at various levels of mathematical rigor, but they all underscore the importance of how data science can greatly improve the quality and efficiency of the legal process from document discovery to predicting potential judgments. While Data-Driven Law does not specifically discuss arbitration or other alternative dispute resolution...
October 23, 2018
Recently, CRC Press published Data-Driven Law: Data Analytics and the New Legal Services by Edward J. Walters. The volume’s contributed chapters cover a wide range of topics at various levels of mathematical rigor, but they all underscore the importance of how data science can greatly improve the quality and efficiency of the legal process from document discovery to predicting potential judgments. While Data-Driven Law does not specifically discuss arbitration or other alternative dispute resolution...
Kentucky Goads SCOTUS In New Arbitration Decision
October 23, 2018
I would understand if not every state supreme court got the memo from last year’s SCOTUS decision on FAA preemption, Kindred, which reminded state courts that the FAA prevents state courts from imposing additional requirements on arbitration agreements that are not required for other types of contracts. But Kentucky definitely got the memo. The memo was addressed to Kentucky. Yet, last week the Supreme Court of Kentucky released a new decision that continues to convey hostility to arbitration...
October 23, 2018
I would understand if not every state supreme court got the memo from last year’s SCOTUS decision on FAA preemption, Kindred, which reminded state courts that the FAA prevents state courts from imposing additional requirements on arbitration agreements that are not required for other types of contracts. But Kentucky definitely got the memo. The memo was addressed to Kentucky. Yet, last week the Supreme Court of Kentucky released a new decision that continues to convey hostility to arbitration...
Argument Preview: Justices to Mull Who Decides Whether to Arbitrate – the Judge or the Arbitrator
October 22, 2018
The November argument session begins with yet another case under the Federal Arbitration Act — Henry Schein Inc. v. Archer & White Sales Inc. With Henry Schein, New Prime Inc. v. Oliveira (from October) and Lamps Plus Inc. v. Varela (later on Monday morning), the court will have three FAA cases under its belt before the first of November – almost a match for the Armed Career Criminal Act! The issue in this case is straightforward: who decides whether a particular dispute should...
October 22, 2018
The November argument session begins with yet another case under the Federal Arbitration Act — Henry Schein Inc. v. Archer & White Sales Inc. With Henry Schein, New Prime Inc. v. Oliveira (from October) and Lamps Plus Inc. v. Varela (later on Monday morning), the court will have three FAA cases under its belt before the first of November – almost a match for the Armed Career Criminal Act! The issue in this case is straightforward: who decides whether a particular dispute should...
Tenth Circuit: Classwide Arbitration as a Gateway Issue?
October 22, 2018
In Dish Network L.L.C. v. Ray, No. 17-1013 (10th Cir. Aug. 21, 2018) (click here for a copy of the decision), the Tenth...
October 22, 2018
In Dish Network L.L.C. v. Ray, No. 17-1013 (10th Cir. Aug. 21, 2018) (click here for a copy of the decision), the Tenth...
Woodford on Individual Welfare & Behavioral Economics
October 21, 2018
Michael Woodford (Columbia University, Graduate School of Arts and Sciences, Department of Economics; National Bureau of Economic Research (NBER)) has posted Individualistic Welfare Analysis in the Age of Behavioral Science (Capitalism and Society: Vol. 13: Iss. 1, Article 3) on SSRN. Here is the abstract: Experimental demonstration of systematic errors and biases in human choice behavior might seem to undermine the conceptual basis of the individualistic approach to welfare analysis, in which...
October 21, 2018
Michael Woodford (Columbia University, Graduate School of Arts and Sciences, Department of Economics; National Bureau of Economic Research (NBER)) has posted Individualistic Welfare Analysis in the Age of Behavioral Science (Capitalism and Society: Vol. 13: Iss. 1, Article 3) on SSRN. Here is the abstract: Experimental demonstration of systematic errors and biases in human choice behavior might seem to undermine the conceptual basis of the individualistic approach to welfare analysis, in which...
Aggressive Economic Incentives and Physical Activity: The Role of Choice and Technology Decision Aids
October 21, 2018
Aggressive incentive schemes that allow individuals to impose economic punishment on themselves if they fail to meet health goals present a promising approach for encouraging healthier behavior. However, the element of choice inherent in these schemes introduces concerns that only non-representative sectors of the population will select aggressive incentives, leaving value on the table for those who don’t opt-in. In a field experiment conducted over a 29-week period on individuals wearing Fitbit...
October 21, 2018
Aggressive incentive schemes that allow individuals to impose economic punishment on themselves if they fail to meet health goals present a promising approach for encouraging healthier behavior. However, the element of choice inherent in these schemes introduces concerns that only non-representative sectors of the population will select aggressive incentives, leaving value on the table for those who don’t opt-in. In a field experiment conducted over a 29-week period on individuals wearing Fitbit...
Law Schools Increasingly Scrutinize Applicants’ Social Media Posts In Admissions Decisions
October 20, 2018
Law.com, Law Schools Scrutinizing Applicants' Social Media Posts: If you want to get into law school, better not post...
October 20, 2018
Law.com, Law Schools Scrutinizing Applicants' Social Media Posts: If you want to get into law school, better not post...
What Blackjack Teaches on Analytics
October 20, 2018
Blackjack happens to be the perfect Petri dish to remind ourselves about making better decisions. Data is easy to get, and systems never change. At this year’s conference, Jeffrey Ma, former VP of analytics and data science at Twitter and kingpin of the famous MIT blackjack team, shared his thoughts on the future of some of the new capabilities in analytics, arguing that “the biggest misconception is that AI is like magic and solves everything. In reality, it’s only going to be as good as the problems...
October 20, 2018
Blackjack happens to be the perfect Petri dish to remind ourselves about making better decisions. Data is easy to get, and systems never change. At this year’s conference, Jeffrey Ma, former VP of analytics and data science at Twitter and kingpin of the famous MIT blackjack team, shared his thoughts on the future of some of the new capabilities in analytics, arguing that “the biggest misconception is that AI is like magic and solves everything. In reality, it’s only going to be as good as the problems...
Baseball’s Billy Beane Shows Companies the Power of Data
October 19, 2018
Oakland Athletics General Manager Billy Beane brought a data-driven and unconventional approach to winning baseball games. By setting strategy and articulating the metric to evaluate and acquire the players who would ultimately implement his strategy on the field, Beane’s sabermetrics approach brought about a cultural shift in baseball from the players and managers to coaches and scouts. Professor Srikant Datar discusses how strategy and metrics work hand-in-hand, and how Beane’s story provides...
October 19, 2018
Oakland Athletics General Manager Billy Beane brought a data-driven and unconventional approach to winning baseball games. By setting strategy and articulating the metric to evaluate and acquire the players who would ultimately implement his strategy on the field, Beane’s sabermetrics approach brought about a cultural shift in baseball from the players and managers to coaches and scouts. Professor Srikant Datar discusses how strategy and metrics work hand-in-hand, and how Beane’s story provides...
