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LinkedIn Connection Request Doesn’t Violate Non-Solicitation Clause
August 24, 2017
This is another case considering when LinkedIn activity violates a non-solicitation clause. Bankers Life, a company that...
August 24, 2017
This is another case considering when LinkedIn activity violates a non-solicitation clause. Bankers Life, a company that...
9th Circuit Approves Class Action In Arbitration
August 24, 2017
Class action arbitration continues to be a hot topic among the federal appellate courts this summer. The 8th Circuit...
August 24, 2017
Class action arbitration continues to be a hot topic among the federal appellate courts this summer. The 8th Circuit...
Park on Soft Law & Transnational Arbitration
August 23, 2017
William W. Park (Boston University - School of Law) has posted Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata (Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017)) on SSRN. Here is the abstract: In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court...
August 23, 2017
William W. Park (Boston University - School of Law) has posted Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata (Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017)) on SSRN. Here is the abstract: In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court...
Unbundling Efficient Breach: An Experiment
August 23, 2017
Current law and economics scholarship analyzes efficient breach cases monolithically. The standard analysis holds that breach is efficient when performance of a contract generates a negative total surplus for the parties. However, by simplistically grouping efficient breach cases as of a single kind, the prior literature overlooks that gain-seeking breaches might be different from loss-avoiding breaches. To capture these different motives, we designed a novel game called the Contract-Breach Game...
August 23, 2017
Current law and economics scholarship analyzes efficient breach cases monolithically. The standard analysis holds that breach is efficient when performance of a contract generates a negative total surplus for the parties. However, by simplistically grouping efficient breach cases as of a single kind, the prior literature overlooks that gain-seeking breaches might be different from loss-avoiding breaches. To capture these different motives, we designed a novel game called the Contract-Breach Game...
Hawaiian Punch: State Supreme Court Stands Up to SCOTUS on Arbitration
August 23, 2017
In January of 2016, SCOTUS granted review of an arbitration case from Hawaii, but summarily vacated and remanded it without analysis. (Unless you consider “Please read DIRECTV” substantive analysis.) Here’s the risk of that course of action: Hawaii can refuse to change its mind. Last month, in Narayan v. The Ritz-Carlton Development Co., 2017 WL 3013022 (Haw. July 14, 2017), Hawaii affirmed its decision after considering DIRECTV. The case related to whether purchasers of new condominiums...
August 23, 2017
In January of 2016, SCOTUS granted review of an arbitration case from Hawaii, but summarily vacated and remanded it without analysis. (Unless you consider “Please read DIRECTV” substantive analysis.) Here’s the risk of that course of action: Hawaii can refuse to change its mind. Last month, in Narayan v. The Ritz-Carlton Development Co., 2017 WL 3013022 (Haw. July 14, 2017), Hawaii affirmed its decision after considering DIRECTV. The case related to whether purchasers of new condominiums...
Empowering Individual Plaintiffs
August 22, 2017
The individual plaintiff plays a critical — yet, underappreciated — role in our legal system. Only lawsuits that are brought...
August 22, 2017
The individual plaintiff plays a critical — yet, underappreciated — role in our legal system. Only lawsuits that are brought...
The Effects of Twombly and Iqbal
August 22, 2017
Ever since Twombly and Iqbal introduced the doctrine of plausibility pleading, a cottage industry of legal scholars (including myself) has undertaken to detect the effects of Twombly and Iqbal on litigants and case outcomes. Results so far have been equivocal, and it has been hard to make sense of the disparate methodologies and findings. In this article, I develop a comprehensive yet nontechnical framework for empirically testing the effects of Twombly and Iqbal on lower courts and litigants,...
August 22, 2017
Ever since Twombly and Iqbal introduced the doctrine of plausibility pleading, a cottage industry of legal scholars (including myself) has undertaken to detect the effects of Twombly and Iqbal on litigants and case outcomes. Results so far have been equivocal, and it has been hard to make sense of the disparate methodologies and findings. In this article, I develop a comprehensive yet nontechnical framework for empirically testing the effects of Twombly and Iqbal on lower courts and litigants,...
Six Arbitration Trends In 2017
August 22, 2017
This is my 290th post at ArbitrationNation and today I celebrate six years of blogging. Woo hoo — that’s longer than...
August 22, 2017
This is my 290th post at ArbitrationNation and today I celebrate six years of blogging. Woo hoo — that’s longer than...
Crunching Data From this Past SCOTUS Term
August 21, 2017
It has been almost two months since the completion of the Supreme Court’s 2016 term. Scholars and analysts have pored over Court’s decisions. SCOTUSBlog released its Stat Pack which contains many interesting statistical trends and details from the term. Each term, a group of professors now organized through the Washington University in St. Louis School of Law put together a new iteration of the Supreme Court Database which contains even more detailed coding on each case and which scales...
August 21, 2017
It has been almost two months since the completion of the Supreme Court’s 2016 term. Scholars and analysts have pored over Court’s decisions. SCOTUSBlog released its Stat Pack which contains many interesting statistical trends and details from the term. Each term, a group of professors now organized through the Washington University in St. Louis School of Law put together a new iteration of the Supreme Court Database which contains even more detailed coding on each case and which scales...
Legal Theory Lexicon: The Prisoners’ Dilemma
August 21, 2017
One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic...
August 21, 2017
One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic...
