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Carroll & Vines on Apologies
September 19, 2017
Robyn Carroll and Prue E. Vines (University of Western Australia and University of New South Wales (UNSW)) have posted Special Issue on Apologies: Introduction (Oñati Socio-Legal Series, Vol. 7, No. 3, 2017) on SSRN. Here is the abstract: What is the place of apology in law? What is the meaning of apology in a complex landscape of meanings based on a socio-legal appreciation of legal concepts? This special issue explores the place of apology in the legal system within three broad inter-related...
September 19, 2017
Robyn Carroll and Prue E. Vines (University of Western Australia and University of New South Wales (UNSW)) have posted Special Issue on Apologies: Introduction (Oñati Socio-Legal Series, Vol. 7, No. 3, 2017) on SSRN. Here is the abstract: What is the place of apology in law? What is the meaning of apology in a complex landscape of meanings based on a socio-legal appreciation of legal concepts? This special issue explores the place of apology in the legal system within three broad inter-related...
Employee Class Action Waiver Independent of Arbitration Clause
September 18, 2017
The law of employee class action waiver has, to date, been entwined in the law of arbitration. Agreements to arbitrate...
September 18, 2017
The law of employee class action waiver has, to date, been entwined in the law of arbitration. Agreements to arbitrate...
To Lead, Lawyers Must Overcome the Overly “Lawyer Personality”
September 18, 2017
According to psychologist Larry Richard, Typical characteristics of the lawyerly personality get in the way of being successful leaders. Here are the classic lawyer personality traits: High skepticism “is the hallmark trait for lawyers,” according to Richard. They intuitively question assertions made by others, wonder about hidden motives, scrutinize decisions, and tend not to give others the benefit of the doubt. “Abstract Reasoning — analyzing, solving problems, and using their intellect...
September 18, 2017
According to psychologist Larry Richard, Typical characteristics of the lawyerly personality get in the way of being successful leaders. Here are the classic lawyer personality traits: High skepticism “is the hallmark trait for lawyers,” according to Richard. They intuitively question assertions made by others, wonder about hidden motives, scrutinize decisions, and tend not to give others the benefit of the doubt. “Abstract Reasoning — analyzing, solving problems, and using their intellect...
Staszewski on “Settled Versus Right” by Kozel
September 17, 2017
Glen Staszewski (Michigan State University College of Law) has posted Precedent and Disagreement (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends that far from presenting a fundamentally neutral approach that should reasonably be acceptable to everyone, Kozel’s second-best theory of precedent is deeply normative and inherently controversial, and most Justices would have compelling...
September 17, 2017
Glen Staszewski (Michigan State University College of Law) has posted Precedent and Disagreement (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract: This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends that far from presenting a fundamentally neutral approach that should reasonably be acceptable to everyone, Kozel’s second-best theory of precedent is deeply normative and inherently controversial, and most Justices would have compelling...
Judge Posner Talks to the NY Times About His Sudden Retirement
September 17, 2017
Lots of gems, as one might expect. On his approach to judging and some of his critics: “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?” The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor...
September 17, 2017
Lots of gems, as one might expect. On his approach to judging and some of his critics: “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?” The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor...
Divorce Rates By Occupation
September 17, 2017
From Quartz News: Much ink has been spilled over divorce rates in the United States: they’re rising; they’re falling; they’ve barely changed in the past 50 years. In reality, while Americans are getting married later, the 50% divorce rate statistic is a myth. Divorce rates vary by factors like race, education level, and employment status, and now we have a pretty good picture of how they vary by occupation. Read more here.
September 17, 2017
From Quartz News: Much ink has been spilled over divorce rates in the United States: they’re rising; they’re falling; they’ve barely changed in the past 50 years. In reality, while Americans are getting married later, the 50% divorce rate statistic is a myth. Divorce rates vary by factors like race, education level, and employment status, and now we have a pretty good picture of how they vary by occupation. Read more here.
Quantum Computing Gets New Approach
September 16, 2017
Australian researchers say they’ve found a way to achieve quantum computing with existing chip manufacturing. The “flip-flop qubit” could dramatically cut production time and cost for quantum computers. The basic concept of quantum computers is to take advantage of the way subatomic particles can exist in multiple states simultaneously. That makes it possible to store data in an even more efficient manner than the traditional binary bits used to represent either a one or a zero; a quantum...
September 16, 2017
Australian researchers say they’ve found a way to achieve quantum computing with existing chip manufacturing. The “flip-flop qubit” could dramatically cut production time and cost for quantum computers. The basic concept of quantum computers is to take advantage of the way subatomic particles can exist in multiple states simultaneously. That makes it possible to store data in an even more efficient manner than the traditional binary bits used to represent either a one or a zero; a quantum...
Mediator Lee Jay Berman Named NADN’S 2017 Distinguished Neutral of the Year
September 16, 2017
On August 18th, the National Academy of Distinguished Neutrals (“NADN”) presented the organization’s inaugural “Distinguished Neutral of the Year” Award to Lee Jay Berman. The award was presented to the Los Angeles-based neutral “in recognition of excellence in mediation and ADR training.” According to an NADNpress release: A nationally-renowned mediator, Lee Jay Berman began mediating cases full-time in the mid-90’s, successfully resolving thousands of cases over the last...
September 16, 2017
On August 18th, the National Academy of Distinguished Neutrals (“NADN”) presented the organization’s inaugural “Distinguished Neutral of the Year” Award to Lee Jay Berman. The award was presented to the Los Angeles-based neutral “in recognition of excellence in mediation and ADR training.” According to an NADNpress release: A nationally-renowned mediator, Lee Jay Berman began mediating cases full-time in the mid-90’s, successfully resolving thousands of cases over the last...
How short-term increases in testosterone change men’s thinking style
September 15, 2017
The hot-headed “macho man”, who acts first and thinks later, has long been popular in movies. Now there’s psychological evidence to support it. A new study in the Psychological Science finds that a short-term rise in testosterone – as might occur when in the presence of an attractive potential mate, or during competition – shifts the way men think, encouraging them to rely on quick, intuitive, and generally less accurate, judgements, rather than engaging in careful, more deliberate...
September 15, 2017
The hot-headed “macho man”, who acts first and thinks later, has long been popular in movies. Now there’s psychological evidence to support it. A new study in the Psychological Science finds that a short-term rise in testosterone – as might occur when in the presence of an attractive potential mate, or during competition – shifts the way men think, encouraging them to rely on quick, intuitive, and generally less accurate, judgements, rather than engaging in careful, more deliberate...
Legal Sector Gains Modest 100 Jobs in August
September 15, 2017
After the legal sector took a major hit in July losing 3,400 jobs (nearly wiping out all the gains of the previous six months), be thankful for small favors. According to the Bureau of Labor Statistics, the legal sector gained back a modest 100 jobs in August. Of course, BLS frequently makes post-report adjustments to its monthly labor stats as more accurate information is acquired so the final figure may eventually change for better or worse. Also noteworthy is a report by Bloomberg Law that...
September 15, 2017
After the legal sector took a major hit in July losing 3,400 jobs (nearly wiping out all the gains of the previous six months), be thankful for small favors. According to the Bureau of Labor Statistics, the legal sector gained back a modest 100 jobs in August. Of course, BLS frequently makes post-report adjustments to its monthly labor stats as more accurate information is acquired so the final figure may eventually change for better or worse. Also noteworthy is a report by Bloomberg Law that...
