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Article on Fiduciary Principles in Trust Law
May 18, 2018
Robert H. Sitkoff published an Article entitled, Fiduciary Principles in Trust Law, Wills, Trusts, & Estates Law eJournal...
May 18, 2018
Robert H. Sitkoff published an Article entitled, Fiduciary Principles in Trust Law, Wills, Trusts, & Estates Law eJournal...
SCOTX Upholds Arbitrator’s Award in Favor of Jefferson County Constables
May 17, 2018
Finally, the Supreme Court of Texas held the arbitrator did not exceed his authority when he issued an award against Jefferson County. The court said: The County argues that the county commissioners court “eliminated” the deputy positions (along with their respective salaries) as part of its delegated legislative duty to create the county budget, and that the arbitrator effectively usurped that duty by ordering the deputies “reinstated” to a position that no longer exists. The County...
May 17, 2018
Finally, the Supreme Court of Texas held the arbitrator did not exceed his authority when he issued an award against Jefferson County. The court said: The County argues that the county commissioners court “eliminated” the deputy positions (along with their respective salaries) as part of its delegated legislative duty to create the county budget, and that the arbitrator effectively usurped that duty by ordering the deputies “reinstated” to a position that no longer exists. The County...
Disrupting Work Law: Arbitration in the Gig Economy
May 17, 2018
Charlotte Garden, Co-Associate Dean for Research and Faculty Development and Associate Professor of Law at Seattle University School of Law, has authored an interesting paper titled “Disrupting Work Law: Arbitration in the Gig Economy,” 2017 University of Chicago Legal Forum 205 (2018). In her publication, Associate Dean Garden discusses individual arbitration clauses in the context of gig economy workers. The abstract states: It is presently in style to speculate...
May 17, 2018
Charlotte Garden, Co-Associate Dean for Research and Faculty Development and Associate Professor of Law at Seattle University School of Law, has authored an interesting paper titled “Disrupting Work Law: Arbitration in the Gig Economy,” 2017 University of Chicago Legal Forum 205 (2018). In her publication, Associate Dean Garden discusses individual arbitration clauses in the context of gig economy workers. The abstract states: It is presently in style to speculate...
Dothan on Tit for Tat and Uncertainty
May 16, 2018
Shai Dothan (University of Copenhagen - iCourts - Centre of Excellence for International Courts) has posted When Immediate...
May 16, 2018
Shai Dothan (University of Copenhagen - iCourts - Centre of Excellence for International Courts) has posted When Immediate...
Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration
May 16, 2018
The others can be reviewed more quickly: Substantive unconscionability cannot be established by showing only that the arbitration agreement is broad in scope. The Federal Arbitration Act applies to arbitration agreements within a common interest community’s covenants (and preempts conflicting state law). Non-signatories may compel arbitration if the plaintiff’s claims are based on facts that are “intertwined” with arbitrable claims. Scope of arbitration agreement broad...
May 16, 2018
The others can be reviewed more quickly: Substantive unconscionability cannot be established by showing only that the arbitration agreement is broad in scope. The Federal Arbitration Act applies to arbitration agreements within a common interest community’s covenants (and preempts conflicting state law). Non-signatories may compel arbitration if the plaintiff’s claims are based on facts that are “intertwined” with arbitrable claims. Scope of arbitration agreement broad...
Zamir on Behavioral Foundations of Standard Economic Analysis
May 15, 2018
Eyal Zamir (Hebrew University of Jerusalem - Faculty of Law) has posted Reinforcing Law and Economics: Behavioral Support for the Predictions of Standard Economic Analysis on SSRN. Here is the abstract: Economic analysis has had a powerful influence on legal theory and policymaking. Based on the premise that people are rational maximizers of their own utility, economic analysis has a fairly successful record in correctly predicting human behavior in all spheres of life. This success is puzzling,...
May 15, 2018
Eyal Zamir (Hebrew University of Jerusalem - Faculty of Law) has posted Reinforcing Law and Economics: Behavioral Support for the Predictions of Standard Economic Analysis on SSRN. Here is the abstract: Economic analysis has had a powerful influence on legal theory and policymaking. Based on the premise that people are rational maximizers of their own utility, economic analysis has a fairly successful record in correctly predicting human behavior in all spheres of life. This success is puzzling,...
A Spectrum of Tools to Support Litigation Risk Assessment: Promise and Limitations
May 15, 2018
A common theme for legal futurists is the call for legal professionals to take leadership in the world's rapidly changing...
May 15, 2018
A common theme for legal futurists is the call for legal professionals to take leadership in the world's rapidly changing...
When Seeking to Compel Arbitration, a Motion to Dismiss Is Sometimes the First Step
May 14, 2018
The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., provides the usual means of enforcing an arbitration agreement by compelling a party to arbitrate rather than litigate. Thus, the FAA enables an aggrieved party to seek “an order directing that such arbitration proceed in a manner provided for in such agreement.” 9 U.S.C. § 4. However, when (i) a judicial proceeding concerning the claims in question is already pending, and (ii) the applicable arbitration agreement provides...
May 14, 2018
The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., provides the usual means of enforcing an arbitration agreement by compelling a party to arbitrate rather than litigate. Thus, the FAA enables an aggrieved party to seek “an order directing that such arbitration proceed in a manner provided for in such agreement.” 9 U.S.C. § 4. However, when (i) a judicial proceeding concerning the claims in question is already pending, and (ii) the applicable arbitration agreement provides...
Spring State Court Smorgasbord: Three Decisions Hostile To Arbitration
May 14, 2018
The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going...
May 14, 2018
The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going...
What Tennis Can Teach Us About Technology
May 13, 2018
We live in a time of relentless technological change. These case studies help explain why such change is so unsettling. Our inventions aren’t just altering the competitive landscape—they are doing so in completely unpredictable ways. Those older tennis players probably thought the oversize racket would help them compete with younger players, compensating for their slight decline in athleticism and speed. They were wrong. And the cascade of unexpected consequences never stops; when it comes...
May 13, 2018
We live in a time of relentless technological change. These case studies help explain why such change is so unsettling. Our inventions aren’t just altering the competitive landscape—they are doing so in completely unpredictable ways. Those older tennis players probably thought the oversize racket would help them compete with younger players, compensating for their slight decline in athleticism and speed. They were wrong. And the cascade of unexpected consequences never stops; when it comes...
