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Legislating for an Effective and Legitimate System of Online Consumer Arbitration
May 3, 2018
This chapter addresses the conflict between the restrictive and negative view often taken towards consumer arbitration and the supportive and positive view often taken towards ODR by arguing that a properly designed system of online consumer arbitration can fulfil the promise of consumer arbitration while avoiding its greatest risks. After clarifying what is meant by the term “online arbitration” and addressing the important differences that exist between commercial arbitration and consumer arbitration,...
May 3, 2018
This chapter addresses the conflict between the restrictive and negative view often taken towards consumer arbitration and the supportive and positive view often taken towards ODR by arguing that a properly designed system of online consumer arbitration can fulfil the promise of consumer arbitration while avoiding its greatest risks. After clarifying what is meant by the term “online arbitration” and addressing the important differences that exist between commercial arbitration and consumer arbitration,...
Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals
May 2, 2018
This Article reports the results of a survey of a diverse group of forty-two federal appellate judges concerning their approaches to statutory interpretation. The study reveals important differences between their approaches and the approach that the Supreme Court purports to take. It also helps to substantiate the irrelevance of the enduring, but now-boring, textualism-versus-purposivism debate. None of the judges we interviewed was willing to associate himself or herself with “textualism” without...
May 2, 2018
This Article reports the results of a survey of a diverse group of forty-two federal appellate judges concerning their approaches to statutory interpretation. The study reveals important differences between their approaches and the approach that the Supreme Court purports to take. It also helps to substantiate the irrelevance of the enduring, but now-boring, textualism-versus-purposivism debate. None of the judges we interviewed was willing to associate himself or herself with “textualism” without...
Informed Decision-Making in Judicial Mediation and the Assessment of Litigation Risk
May 2, 2018
While much has been written about how mediators can guide parties through impasse, the popular literature is less attentive...
May 2, 2018
While much has been written about how mediators can guide parties through impasse, the popular literature is less attentive...
The Uberization of Arbitration Clauses
May 1, 2018
In the early part of this decade, the Supreme Court’s decisions interpreting the Federal Arbitration Act (FAA) strictly enforced pre-dispute arbitration clauses (PDAAs) with class action waivers and so-called “delegation” provisions in consumer contracts. Just after the Court’s 2013 ruling that clauses with class action waivers did not prevent claimants from vindicating their statutory rights, Uber — a company at the heart of the “gig economy” — started inserting PDAAs in agreements...
May 1, 2018
In the early part of this decade, the Supreme Court’s decisions interpreting the Federal Arbitration Act (FAA) strictly enforced pre-dispute arbitration clauses (PDAAs) with class action waivers and so-called “delegation” provisions in consumer contracts. Just after the Court’s 2013 ruling that clauses with class action waivers did not prevent claimants from vindicating their statutory rights, Uber — a company at the heart of the “gig economy” — started inserting PDAAs in agreements...
Negotiating in the Shadow of Adhesive Arbitration
May 1, 2018
Dispute resolution scholars have long understood that negotiators bargain in the shadow of the law. Although, historically, most dispute negotiations took place in the shadow of litigation, the increasing use of pre-dispute arbitration agreements (PDAAs) in adhesive consumer, franchise, employment, and investor contracts means that more and more disputants in those settings are negotiating in the shadow of mandatory arbitration, not litigation. Those PDAAs typically are non-negotiable, take-it-or-leave-it...
May 1, 2018
Dispute resolution scholars have long understood that negotiators bargain in the shadow of the law. Although, historically, most dispute negotiations took place in the shadow of litigation, the increasing use of pre-dispute arbitration agreements (PDAAs) in adhesive consumer, franchise, employment, and investor contracts means that more and more disputants in those settings are negotiating in the shadow of mandatory arbitration, not litigation. Those PDAAs typically are non-negotiable, take-it-or-leave-it...
Product Liability Litigation Report Focuses on Burgeoning Medical Device and Pharmaceutical Product Case Filings
April 30, 2018
MDL-associated cases comprise more than 97% of medical device/pharmaceutical cases filed in 2017, with only 667 of the 29,185...
April 30, 2018
MDL-associated cases comprise more than 97% of medical device/pharmaceutical cases filed in 2017, with only 667 of the 29,185...
Negotiation Ethics
April 30, 2018
This book chapter shows how negotiation ethics can be viewed through three different lenses – morals, rules, and law – and how they produce different “ethical” results. First, the piece works through a series of social norms, showing how people with different personality profiles tend to opt for one norm over another. Next is an analysis of the ethics rules applicable to lawyers affect an attorney’s choices in a negotiation. Finally, the chapter concludes with a brief tour of the applicable...
April 30, 2018
This book chapter shows how negotiation ethics can be viewed through three different lenses – morals, rules, and law – and how they produce different “ethical” results. First, the piece works through a series of social norms, showing how people with different personality profiles tend to opt for one norm over another. Next is an analysis of the ethics rules applicable to lawyers affect an attorney’s choices in a negotiation. Finally, the chapter concludes with a brief tour of the applicable...
This Is What Psychopaths Want At Any Cost
April 29, 2018
The psychopathic brain is wired to go after rewards, whatever the cost, a neuroscience study finds. The brains of psychopaths release four times as much dopamine in response to rewards as normal people. Imagine how much more pleasure they get from taking whatever they want.
April 29, 2018
The psychopathic brain is wired to go after rewards, whatever the cost, a neuroscience study finds. The brains of psychopaths release four times as much dopamine in response to rewards as normal people. Imagine how much more pleasure they get from taking whatever they want.
Lawyer Is America’s Loneliest Profesion
April 29, 2018
In a breakdown of loneliness and social support rates by profession, legal practice was the loneliest kind of work, followed by engineering and science. This is perhaps not surprising, given the known high prevalence of depression among lawyers. At the other end of the spectrum were occupations involving high degrees of social interaction: social work, marketing, and sales. ... The solitude of the ivory tower seems to be a real phenomenon, as well. Graduate degree holders in our sample reported...
April 29, 2018
In a breakdown of loneliness and social support rates by profession, legal practice was the loneliest kind of work, followed by engineering and science. This is perhaps not surprising, given the known high prevalence of depression among lawyers. At the other end of the spectrum were occupations involving high degrees of social interaction: social work, marketing, and sales. ... The solitude of the ivory tower seems to be a real phenomenon, as well. Graduate degree holders in our sample reported...
Price on AI in Health Care
April 28, 2018
W. Nicholson Price (University of Michigan Law School) has posted Artificial Intelligence in Health Care: Applications and Legal Issues (14 SciTech Lawyer 10 (2017)) on SSRN. Here is the abstract: Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques, innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency....
April 28, 2018
W. Nicholson Price (University of Michigan Law School) has posted Artificial Intelligence in Health Care: Applications and Legal Issues (14 SciTech Lawyer 10 (2017)) on SSRN. Here is the abstract: Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques, innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency....
