Blog Archives
Analysis Shows Red Light Cameras Don’t Reduce Crashes or Improve Public Safety
August 19, 2018
Red light cameras don’t reduce the number of traffic accidents or injuries at intersections where the devices are installed, according a new analysis by Case Western Reserve University. Touted by supporters as a way increase public safety by ticketing drivers who continue through red lights, the cameras actually shift traffic patterns: More drivers tend to brake harder and more abruptly, increasing fender-benders and other so-called “non-angle” collisions.
August 19, 2018
Red light cameras don’t reduce the number of traffic accidents or injuries at intersections where the devices are installed, according a new analysis by Case Western Reserve University. Touted by supporters as a way increase public safety by ticketing drivers who continue through red lights, the cameras actually shift traffic patterns: More drivers tend to brake harder and more abruptly, increasing fender-benders and other so-called “non-angle” collisions.
The Rise of the Millennial Prenup
August 19, 2018
From The New York Times: First comes love, then comes … prenup? If you’re a millennial, maybe. Prenuptial agreements, commonly known as prenups, are legal documents that outline how engaged couples will divide their assets if they divorce. And, in recent years, more millennials have been requesting them, according to a survey of matrimonial lawyers. One likely reason: Millennials are marrying later than previous generations, with years to build up assets and debt on their own. “I got married...
August 19, 2018
From The New York Times: First comes love, then comes … prenup? If you’re a millennial, maybe. Prenuptial agreements, commonly known as prenups, are legal documents that outline how engaged couples will divide their assets if they divorce. And, in recent years, more millennials have been requesting them, according to a survey of matrimonial lawyers. One likely reason: Millennials are marrying later than previous generations, with years to build up assets and debt on their own. “I got married...
Artificial Intelligence And The Evolution of Law
August 18, 2018
The current application of artificial intelligence to the practice of law was a discussion topic at our most recent board of directors meeting for Loyola Law School. The discussion centered around the ability of a computer to perform a task or series of functions that had traditionally been the responsibility of a legal professional or team of professionals. After a lively discussion, I left with the three following questions: • Are machines capable of what would be considered regular social...
August 18, 2018
The current application of artificial intelligence to the practice of law was a discussion topic at our most recent board of directors meeting for Loyola Law School. The discussion centered around the ability of a computer to perform a task or series of functions that had traditionally been the responsibility of a legal professional or team of professionals. After a lively discussion, I left with the three following questions: • Are machines capable of what would be considered regular social...
ABA Reveals $1.3M Theft By Former Staffer On Tax Form
August 18, 2018
ABA Journal, ABA Reveals $1.3M Theft by a Now-Former Staff Member on Tax Form: The American Bar Association has posted a tax form that reveals a onetime staff member diverted about $1.3 million from the ABA over a period of eight years. The ABA became aware of the theft by a nonmanagerial staff member last September, according to Form 990 (see page 118) and an interview with ABA Executive Director Jack Rives. The employee was immediately placed on administrative leave...
August 18, 2018
ABA Journal, ABA Reveals $1.3M Theft by a Now-Former Staff Member on Tax Form: The American Bar Association has posted a tax form that reveals a onetime staff member diverted about $1.3 million from the ABA over a period of eight years. The ABA became aware of the theft by a nonmanagerial staff member last September, according to Form 990 (see page 118) and an interview with ABA Executive Director Jack Rives. The employee was immediately placed on administrative leave...
The Future of Investment Arbitration in Europe
August 17, 2018
It has long been said that investment treaty arbitration is at a crossroad. This is probably most true within the European Union, where a profound recalibration and reform of the system is underway. On 6 March of this year, the Court of Justice of the European Union (the “CJEU”) rendered its judgment in Case C-284/16 Slowakische Republik v. Achmea BV (“Achmea”), finding that arbitration clauses included in international agreements between the Member States providing for investor-State arbitration...
August 17, 2018
It has long been said that investment treaty arbitration is at a crossroad. This is probably most true within the European Union, where a profound recalibration and reform of the system is underway. On 6 March of this year, the Court of Justice of the European Union (the “CJEU”) rendered its judgment in Case C-284/16 Slowakische Republik v. Achmea BV (“Achmea”), finding that arbitration clauses included in international agreements between the Member States providing for investor-State arbitration...
Efficient Arbitration – Part 1: Metrics
August 17, 2018
This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore various tools which serve to improve the efficiency of any given arbitration and so achieve a favourable outcome without wasting resources. But before exploring those tools we need to determine what efficient arbitration actually means. Thanks to its well-known advantages, arbitration has grown exponentially over the past few decades. However, as more complex, high-value...
August 17, 2018
This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore various tools which serve to improve the efficiency of any given arbitration and so achieve a favourable outcome without wasting resources. But before exploring those tools we need to determine what efficient arbitration actually means. Thanks to its well-known advantages, arbitration has grown exponentially over the past few decades. However, as more complex, high-value...
The Proficiency of Experts
August 16, 2018
Expert evidence plays a crucial role in civil and criminal litigation. Changes in the rules concerning expert admissibility, following the Supreme Court’s Daubert ruling, strengthened judicial review of the reliability and the validity of an expert’s methods. However, judges and scholars have neglected the threshold question for expert evidence: whether a person should be qualified as an expert in the first place. Judges traditionally focus on credentials or experience when qualifying experts...
August 16, 2018
Expert evidence plays a crucial role in civil and criminal litigation. Changes in the rules concerning expert admissibility, following the Supreme Court’s Daubert ruling, strengthened judicial review of the reliability and the validity of an expert’s methods. However, judges and scholars have neglected the threshold question for expert evidence: whether a person should be qualified as an expert in the first place. Judges traditionally focus on credentials or experience when qualifying experts...
New Collaborative Law Book
August 16, 2018
As you may know, collaborative practiceinvolves a “participation agreement” by parties to negotiate without engaging in contested litigation. The parties agree to provide all relevant information and practitioners try to use interest-based negotiation. If any party decides to litigate the matter, all the lawyers must withdraw from the case and are disqualified from representing the parties in litigation. The vast majority of collaborative cases are in family law matters. In 2009, the Uniform...
August 16, 2018
As you may know, collaborative practiceinvolves a “participation agreement” by parties to negotiate without engaging in contested litigation. The parties agree to provide all relevant information and practitioners try to use interest-based negotiation. If any party decides to litigate the matter, all the lawyers must withdraw from the case and are disqualified from representing the parties in litigation. The vast majority of collaborative cases are in family law matters. In 2009, the Uniform...
Contracting Out of Public Law
August 15, 2018
In contract law, standard interpretive doctrine instructs courts to give effect to the intentions of the parties. Efficiency is promoted, we are told, by reducing state intervention into autonomous private decision-making, particularly when contracting parties are sophisticated corporate entities that can presumably bargain for their interests. Enabled by rules adopted over the past several decades expanding the freedom to contract, private entities increasingly control every aspect of their engagement,...
August 15, 2018
In contract law, standard interpretive doctrine instructs courts to give effect to the intentions of the parties. Efficiency is promoted, we are told, by reducing state intervention into autonomous private decision-making, particularly when contracting parties are sophisticated corporate entities that can presumably bargain for their interests. Enabled by rules adopted over the past several decades expanding the freedom to contract, private entities increasingly control every aspect of their engagement,...
Second Circuit Vacates Order Denying Arbitration of Former Department Store Employee’s ADA Claims
August 15, 2018
The United States Court of Appeals for the Second Circuit has vacated a district court’s order stating a former department store employee cannot be compelled to arbitrate his Americans with Disabilities Act claims against the store. In Weiss v. Macy’s Retail Holdings, Inc., No. 17-2219 (2d Cir., July 12, 2018), a man with a learning disability, Weiss, was hired by Macy’s in 1997. In 2003, Macy’s instituted an employee dispute resolution process that required all disputes...
August 15, 2018
The United States Court of Appeals for the Second Circuit has vacated a district court’s order stating a former department store employee cannot be compelled to arbitrate his Americans with Disabilities Act claims against the store. In Weiss v. Macy’s Retail Holdings, Inc., No. 17-2219 (2d Cir., July 12, 2018), a man with a learning disability, Weiss, was hired by Macy’s in 1997. In 2003, Macy’s instituted an employee dispute resolution process that required all disputes...
