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Why and How Businesses Use Planned Early Dispute Resolution
July 25, 2017
This article reports the results of an empirical inquiry analyzing why some businesses adopt “planned early dispute resolution”...
July 25, 2017
This article reports the results of an empirical inquiry analyzing why some businesses adopt “planned early dispute resolution”...
The Spectre That Haunts Motions to Compel Arbitration: Venue
July 25, 2017
When a claimant who is party to an arbitration agreement initiates litigation of arbitrable claims, the defendant in that case typically expects to be able to move successfully to compel arbitration under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4. In cases where the litigation is commenced in a federal district court whose geographical jurisdiction includes the agreed place or “situs” of arbitration, that expectation is likely valid. However, if the litigation is commenced in a district...
July 25, 2017
When a claimant who is party to an arbitration agreement initiates litigation of arbitrable claims, the defendant in that case typically expects to be able to move successfully to compel arbitration under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4. In cases where the litigation is commenced in a federal district court whose geographical jurisdiction includes the agreed place or “situs” of arbitration, that expectation is likely valid. However, if the litigation is commenced in a district...
Bayesian Truth Serum on Tree Graphs
July 24, 2017
We consider the problem of defining all possible Bayesian truth serums for agents represented by a singly connected network...
July 24, 2017
We consider the problem of defining all possible Bayesian truth serums for agents represented by a singly connected network...
Article on Interpreting Fiduciary Law
July 24, 2017
Andrew S. Gold recently published an Article entitled, Interpreting Fiduciary Law, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria,...
July 24, 2017
Andrew S. Gold recently published an Article entitled, Interpreting Fiduciary Law, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria,...
Chatbots Who Negotiate
July 24, 2017
Facebook has apparently been developing chat bots that negotiate. This article in The Atlantic focuses on the bots creation of their own language. And here’s the Facebook report on training the bots in negotiations. There’s a struggle going on between negotiating like “humans” (more prone to accepting non-Pareto optimal solutions for the sake of appearing to compromise) and the more aggressive style the bots adopted for the sake of reaching optimal solutions: “A negative consequence...
July 24, 2017
Facebook has apparently been developing chat bots that negotiate. This article in The Atlantic focuses on the bots creation of their own language. And here’s the Facebook report on training the bots in negotiations. There’s a struggle going on between negotiating like “humans” (more prone to accepting non-Pareto optimal solutions for the sake of appearing to compromise) and the more aggressive style the bots adopted for the sake of reaching optimal solutions: “A negative consequence...
China got a wake-up call on AI when a Western machine beat the best Asian players at Go
July 23, 2017
China intends to become the world’s artificial intelligence leader in 2030, according to the manifesto it just released describing plans to create an industry of $150 billion and an environment that has AI “everywhere.” According to The New York Times (paywall), these ambitions are propelled in no small part by a machine’s dominance over Asian champions in the ancient strategy game called Go. Since last year, AlphaGo, developed by the Google-owned artificial-intelligence firm DeepMind,...
July 23, 2017
China intends to become the world’s artificial intelligence leader in 2030, according to the manifesto it just released describing plans to create an industry of $150 billion and an environment that has AI “everywhere.” According to The New York Times (paywall), these ambitions are propelled in no small part by a machine’s dominance over Asian champions in the ancient strategy game called Go. Since last year, AlphaGo, developed by the Google-owned artificial-intelligence firm DeepMind,...
June 2017 Bankruptcy Filings Down 2.8 Percent
July 23, 2017
Bankruptcy filings fell 2.8 percent for the 12-month period ending June 30, 2017, compared with the year ending June 30, 2016, according to statistics released by the Administrative Office of the U.S. Courts. The June 2017 annual bankruptcy filings totaled 796,037, compared with 819,159 cases in the year ending June 2016. The following bankruptcy filings statistics tables are available: Business and non-business bankruptcy filings for the 12-month period ending June 30, 2017. (Table F-2,...
July 23, 2017
Bankruptcy filings fell 2.8 percent for the 12-month period ending June 30, 2017, compared with the year ending June 30, 2016, according to statistics released by the Administrative Office of the U.S. Courts. The June 2017 annual bankruptcy filings totaled 796,037, compared with 819,159 cases in the year ending June 2016. The following bankruptcy filings statistics tables are available: Business and non-business bankruptcy filings for the 12-month period ending June 30, 2017. (Table F-2,...
SCOTUS Releases October Calendar
July 23, 2017
On October 2, the justices will kick off their term with three arbitration cases, which have been consolidated for one hour of oral argument. In National Labor Relations Board v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young v. Morris, the justices agreed to decide whether agreements to forgo class actions or collective proceedings and instead resolve disputes between an employer and its employees through arbitration are enforceable under the Federal Arbitration Act. The NLRB...
July 23, 2017
On October 2, the justices will kick off their term with three arbitration cases, which have been consolidated for one hour of oral argument. In National Labor Relations Board v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young v. Morris, the justices agreed to decide whether agreements to forgo class actions or collective proceedings and instead resolve disputes between an employer and its employees through arbitration are enforceable under the Federal Arbitration Act. The NLRB...
Legal Theory Lexicon: The Coase Theorem
July 22, 2017
But what if there are positive transaction costs? Of course, in the real world, there will almost always be positive transaction...
July 22, 2017
But what if there are positive transaction costs? Of course, in the real world, there will almost always be positive transaction...
GCs Form Scheme to Share Data on Law Firms
July 22, 2017
Twenty-five general counsels from some the world's biggest companies have joined forces to share and sructinise data on the law firms they use and their results in a bid to see what firms and billing processes are most effective. Called the GC Thought Leaders Experiment the heavy-hitting GCs will use the shared information to compare law firms in terms of performance, costs and whether expensive lawyers are comparitively actually worth the additional spend. Companies involved in the new scheme...
July 22, 2017
Twenty-five general counsels from some the world's biggest companies have joined forces to share and sructinise data on the law firms they use and their results in a bid to see what firms and billing processes are most effective. Called the GC Thought Leaders Experiment the heavy-hitting GCs will use the shared information to compare law firms in terms of performance, costs and whether expensive lawyers are comparitively actually worth the additional spend. Companies involved in the new scheme...
