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Richard Thaler and the Rise of Behavioral Economics
March 2, 2018
The emergence of behavioral economics is one of the most significant conceptual developments in the social sciences in the past 40 years. The central figure in the field in its early years was Richard Thaler. In this article, I review and discuss his scientific contributions.
March 2, 2018
The emergence of behavioral economics is one of the most significant conceptual developments in the social sciences in the past 40 years. The central figure in the field in its early years was Richard Thaler. In this article, I review and discuss his scientific contributions.
Self-Driving Cars Will Eliminate Things You Love and Hate
March 1, 2018
Electric cars, robo taxis and self-driving trucks are coming to change the society we live in—possibly sooner than you think. Limited tests of driverless cars are already happening today and they’ll be in use everywhere within six years, according to Carlos Ghosn, CEO of the Renault Nissan Alliance. A change on that scale would reach far beyond the automotive industry to upend businesses, transform our daily lifestyles and reshape cities. Insurance Premiums Today more than 90 percent of road...
March 1, 2018
Electric cars, robo taxis and self-driving trucks are coming to change the society we live in—possibly sooner than you think. Limited tests of driverless cars are already happening today and they’ll be in use everywhere within six years, according to Carlos Ghosn, CEO of the Renault Nissan Alliance. A change on that scale would reach far beyond the automotive industry to upend businesses, transform our daily lifestyles and reshape cities. Insurance Premiums Today more than 90 percent of road...
Victim-Oriented Tort Law in Action: An Empirical Examination of Catholic Church Sexual Abuse Cases
March 1, 2018
Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary compensation on an individual basis, but also nonmonetary relief, including an apology, recognition, and measures against those responsible for the abuse. The publication of all decisions offers a unique...
March 1, 2018
Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary compensation on an individual basis, but also nonmonetary relief, including an apology, recognition, and measures against those responsible for the abuse. The publication of all decisions offers a unique...
Estlund on Mandatory Arbitration & Employment
February 28, 2018
Cynthia L. Estlund (New York University School of Law) has posted The Black Hole of Mandatory Arbitration (North Carolina Law Review, Vol. 96, No. --, 2018) on SSRN. Here is the abstract: What is the impact of mandatory arbitration agreements (MAAs) in employment? It is now several decades since the Supreme Court gave a green light to employers’ imposition of broad MAAs that foreclose litigation over nearly all federal and state employment claims. Since then, scholars have labored to develop...
February 28, 2018
Cynthia L. Estlund (New York University School of Law) has posted The Black Hole of Mandatory Arbitration (North Carolina Law Review, Vol. 96, No. --, 2018) on SSRN. Here is the abstract: What is the impact of mandatory arbitration agreements (MAAs) in employment? It is now several decades since the Supreme Court gave a green light to employers’ imposition of broad MAAs that foreclose litigation over nearly all federal and state employment claims. Since then, scholars have labored to develop...
Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication
February 28, 2018
This article empirically studies current claims that patent trolls, also known as patent assertion entities (PAEs) or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores these claims by examining the relationship between the type of patentee-plaintiffs and litigation outcomes (e.g., settlement, grant of summary judgment, trial, and procedural dispositions), while taking into account, among...
February 28, 2018
This article empirically studies current claims that patent trolls, also known as patent assertion entities (PAEs) or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores these claims by examining the relationship between the type of patentee-plaintiffs and litigation outcomes (e.g., settlement, grant of summary judgment, trial, and procedural dispositions), while taking into account, among...
A Glimpse Below the Waterline in Patent Enforcement Activity
February 27, 2018
A recent working paper, The Patent Enforcement Iceberg, illustrates nicely the strengths and limitations of survey work designed to "see" the legally "unseen." In it, Mark Lemley (Stanford) et al., begin by observing that while knowing "quite a bit about patent litigation,” what is comparably far less understood is the degree of patent assertions that take place “outside of [formal] litigation.” This scholarly impulse, addressing a common problem in empirical legal studies, seeks to gain...
February 27, 2018
A recent working paper, The Patent Enforcement Iceberg, illustrates nicely the strengths and limitations of survey work designed to "see" the legally "unseen." In it, Mark Lemley (Stanford) et al., begin by observing that while knowing "quite a bit about patent litigation,” what is comparably far less understood is the degree of patent assertions that take place “outside of [formal] litigation.” This scholarly impulse, addressing a common problem in empirical legal studies, seeks to gain...
Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana
February 27, 2018
Many physicians and tort reform advocates believe that most medical malpractice (med mal) claims are “frivolous.” As evidence, they often rely on reports that only about 20 percent of claims result in a payout. Many physicians and reform advocates also believe that plaintiffs lawyers often sue every health provider with even a remote a connection to the patient. Plaintiffs’ lawyers, however, insist that they screen med mal cases carefully, and when they bring a claim, are selective in whom...
February 27, 2018
Many physicians and tort reform advocates believe that most medical malpractice (med mal) claims are “frivolous.” As evidence, they often rely on reports that only about 20 percent of claims result in a payout. Many physicians and reform advocates also believe that plaintiffs lawyers often sue every health provider with even a remote a connection to the patient. Plaintiffs’ lawyers, however, insist that they screen med mal cases carefully, and when they bring a claim, are selective in whom...
Uber Settles Claims for $245M that it Stole Google’s Trade Secrets
February 26, 2018
Money.CNN reported that Google’s Waymo (Google’s self-driving car program) sued Uber for theft of trade secrets, but during the middle of trial “accepted a settlement offer from Uber, which agreed to a deal that includes 0.34% of Uber’s equity at a $72 billion valuation, which works out to about $245 million.” The February 9, 2018 article entitled “Uber and Waymo settle trade secrets lawsuit” settled even though “Waymo had initially asked for maximum damages of $1.8 billion after: The...
February 26, 2018
Money.CNN reported that Google’s Waymo (Google’s self-driving car program) sued Uber for theft of trade secrets, but during the middle of trial “accepted a settlement offer from Uber, which agreed to a deal that includes 0.34% of Uber’s equity at a $72 billion valuation, which works out to about $245 million.” The February 9, 2018 article entitled “Uber and Waymo settle trade secrets lawsuit” settled even though “Waymo had initially asked for maximum damages of $1.8 billion after: The...
Empirical Study Reveals 14 Key Components of Creativity
February 26, 2018
In a world where robots seem to be taking over the world, the hottest buzzword amongst recruiters is “creative.” In every field, employers are desperately searching for “highly creative” human candidates. But ask recruiters and employers what constitutes creativity—and how they will recognize a creative person—and they are flummoxed. The 14 key components of creativity were identified as: Active Involvement and Persistence: Comfort with Uncertainty: Domain Competence: ...
February 26, 2018
In a world where robots seem to be taking over the world, the hottest buzzword amongst recruiters is “creative.” In every field, employers are desperately searching for “highly creative” human candidates. But ask recruiters and employers what constitutes creativity—and how they will recognize a creative person—and they are flummoxed. The 14 key components of creativity were identified as: Active Involvement and Persistence: Comfort with Uncertainty: Domain Competence: ...
Interview with Josh Becker, CEO of Lex Machina
February 25, 2018
At Legalweek in New York, I caught up with Josh Becker, CEO of legal analytics company Lex Machina. Had no idea until we finished...
February 25, 2018
At Legalweek in New York, I caught up with Josh Becker, CEO of legal analytics company Lex Machina. Had no idea until we finished...
