Blog Archives
The Downside of Baseball’s Data Revolution—Long Games, Less Action
October 18, 2017
After years of ‘Moneyball’-style quantitative analysis, major-league teams are setting records for inactivity The use of analytics, which has increased dramatically since the early 2000s, is one of baseball’s most acclaimed developments. Team front offices, once the domain of ex-players, are more commonly staffed with Ivy League graduates. Data science has become an integral part of many teams’ decision-making. Top executives have landed seats on corporate boards and given paid speeches...
October 18, 2017
After years of ‘Moneyball’-style quantitative analysis, major-league teams are setting records for inactivity The use of analytics, which has increased dramatically since the early 2000s, is one of baseball’s most acclaimed developments. Team front offices, once the domain of ex-players, are more commonly staffed with Ivy League graduates. Data science has become an integral part of many teams’ decision-making. Top executives have landed seats on corporate boards and given paid speeches...
Negotiations Falling Apart =/= a Breach of Contract
October 18, 2017
If you, like me, just taught about letters of intent and also promissory estoppel, then here's a case with both for you, out of the District of Minnesota, City Center Realty Partners v. Macy's Retail Holdings, Civil No. 17-CV-528 (SRN/TNL). (The decision is behind a paywall, but you can read about the background of the lawsuit here.) The parties were negotiating a sale of Macy's property in Minneapolis and had executed a Letter of Intent before (predictably, since we're in court) the deal fell...
October 18, 2017
If you, like me, just taught about letters of intent and also promissory estoppel, then here's a case with both for you, out of the District of Minnesota, City Center Realty Partners v. Macy's Retail Holdings, Civil No. 17-CV-528 (SRN/TNL). (The decision is behind a paywall, but you can read about the background of the lawsuit here.) The parties were negotiating a sale of Macy's property in Minneapolis and had executed a Letter of Intent before (predictably, since we're in court) the deal fell...
LexisNexis: Catastrophe Claims Rise as Losses Decline
October 17, 2017
In 2016, Colorado and Texas homeowners suffered the greatest percentage of catastrophic losses due to extreme weather and other perils, according to the latest study of home insurance trends from LexisNexis Risk Solutions. The six-year study indicates that despite the rise of cat losses, overall peril loss costs continued to decline. The second annual LexisNexis Home Trends Report identifies key insurance industry trends by peril – wind, hail, fire, water, theft, liability and other. Nearly...
October 17, 2017
In 2016, Colorado and Texas homeowners suffered the greatest percentage of catastrophic losses due to extreme weather and other perils, according to the latest study of home insurance trends from LexisNexis Risk Solutions. The six-year study indicates that despite the rise of cat losses, overall peril loss costs continued to decline. The second annual LexisNexis Home Trends Report identifies key insurance industry trends by peril – wind, hail, fire, water, theft, liability and other. Nearly...
California Court Finds Broad Arbitration Clause Unconscionable
October 17, 2017
A recent case out of California, Pimpo v. Fitness International, LLC, D071140 (behind paywall), finds an arbitration clause in a contract unenforceable due to unconscionability. In the case, Pimpo worked at one of Fitness International's fitness centers, where another employee sexually harassed her. Pimpo made several reports about the other employee's behavior and ultimately ended up suing over the sexual harassment. Fitness International responded by moving to compel arbitration based on a contract...
October 17, 2017
A recent case out of California, Pimpo v. Fitness International, LLC, D071140 (behind paywall), finds an arbitration clause in a contract unenforceable due to unconscionability. In the case, Pimpo worked at one of Fitness International's fitness centers, where another employee sexually harassed her. Pimpo made several reports about the other employee's behavior and ultimately ended up suing over the sexual harassment. Fitness International responded by moving to compel arbitration based on a contract...
A Book to Help Judges Understand Cognitive Biases
October 16, 2017
The ABA House of Delegates recently passed a resolution urging all courts and all bar associations to provide judges with debiasing training. I recently published a book that can be used for this purpose: E, Scott Fruehwald, Overcoming Cognitive Biases: Thinking More Clearly and Avoiding Manipulation by Others (2017). The Report supporting the Resolution states, "Everyone carries with them implicit biases formed throughout their life. While sometimes innocuous and generally subconscious,...
October 16, 2017
The ABA House of Delegates recently passed a resolution urging all courts and all bar associations to provide judges with debiasing training. I recently published a book that can be used for this purpose: E, Scott Fruehwald, Overcoming Cognitive Biases: Thinking More Clearly and Avoiding Manipulation by Others (2017). The Report supporting the Resolution states, "Everyone carries with them implicit biases formed throughout their life. While sometimes innocuous and generally subconscious,...
Persuasion is a Skill Not a Mystery
October 16, 2017
Whether you’re trying to persuade another party to settle a lawsuit or a family member wants to vacation in a place you’d hate to go, with some practice and effort you may be persuasive enough to achieve that settlement or avoid that vacation from Hell. There are many ways to be persuasive. Below are just a few examples that you may find helpful: Be prepared. Take the time to know all the relevant facts and how the law may be applied. Learn what you can about...
October 16, 2017
Whether you’re trying to persuade another party to settle a lawsuit or a family member wants to vacation in a place you’d hate to go, with some practice and effort you may be persuasive enough to achieve that settlement or avoid that vacation from Hell. There are many ways to be persuasive. Below are just a few examples that you may find helpful: Be prepared. Take the time to know all the relevant facts and how the law may be applied. Learn what you can about...
The Neuroscience of Contagious Laughter
October 15, 2017
Long before modern brain imaging technologies illuminated the neurophysiological mechanisms that make laughter contagious, William James (1842-1910) observed, "We don't laugh because we're happy, we're happy because we laugh." Although philosophers and psychologists have speculated about the role that laughter plays in social bonding for eons, until recently, there was relatively little empirical evidence that explained why laughter is contagious for most of us. Or, the neural reasons some...
October 15, 2017
Long before modern brain imaging technologies illuminated the neurophysiological mechanisms that make laughter contagious, William James (1842-1910) observed, "We don't laugh because we're happy, we're happy because we laugh." Although philosophers and psychologists have speculated about the role that laughter plays in social bonding for eons, until recently, there was relatively little empirical evidence that explained why laughter is contagious for most of us. Or, the neural reasons some...
Unlocking the Reptilian Brain: Understanding the Amygdala
October 15, 2017
It’s about the shape and size of an almond, nearly as old as the dinosaurs, to whose reptilian brains it bears a considerable resemblance. When you’re walking home late at night, it’s shouting out to you, bogging you down with panic as you navigate your way in the dark, ready to jump at every corner at whatever or whoever might be hiding there. It’s there again when you’ve had it with your significant other and the wet towels they’ve left carelessly on the floor, or when you need that...
October 15, 2017
It’s about the shape and size of an almond, nearly as old as the dinosaurs, to whose reptilian brains it bears a considerable resemblance. When you’re walking home late at night, it’s shouting out to you, bogging you down with panic as you navigate your way in the dark, ready to jump at every corner at whatever or whoever might be hiding there. It’s there again when you’ve had it with your significant other and the wet towels they’ve left carelessly on the floor, or when you need that...
Perry on Crowdfunding Civil Justice
October 14, 2017
Ronen Perry has posted to SSRN Crowdfunding Civil Justice. The abstract provides: Crowdfunding—the aggregation of numerous but modest individual contributions through specialized online platforms—is a relatively new finance method. In the last few years, it has started its incursion into the realm of civil litigation funding. Three unrelated events, which took place in different jurisdictions in 2017, demonstrate this evolving trend and its potential impact. In the United States, the Southern...
October 14, 2017
Ronen Perry has posted to SSRN Crowdfunding Civil Justice. The abstract provides: Crowdfunding—the aggregation of numerous but modest individual contributions through specialized online platforms—is a relatively new finance method. In the last few years, it has started its incursion into the realm of civil litigation funding. Three unrelated events, which took place in different jurisdictions in 2017, demonstrate this evolving trend and its potential impact. In the United States, the Southern...
For Your Brain’s Sake, Keep Moving
October 14, 2017
Because we can never have enough reasons to keep exercising, a new study with mice finds that physical activity not only increases the number of new neurons in the brain, it also subtly changes the shape and workings of these cells in ways that might have implications for memory and even delaying the onset of dementia. Last year, in an important study published in NeuroImage, the researchers found for the first time that young brain cells in adult mice that spent a month with running wheels in their...
October 14, 2017
Because we can never have enough reasons to keep exercising, a new study with mice finds that physical activity not only increases the number of new neurons in the brain, it also subtly changes the shape and workings of these cells in ways that might have implications for memory and even delaying the onset of dementia. Last year, in an important study published in NeuroImage, the researchers found for the first time that young brain cells in adult mice that spent a month with running wheels in their...
