Menu
Blog Archives
Interactive Database Aids the Study of Judiciary Trends
June 1, 2017
A recently enhanced database that houses information about civil and criminal federal cases dating to 1970 is now available...
June 1, 2017
A recently enhanced database that houses information about civil and criminal federal cases dating to 1970 is now available...
Empirical Evidence on the Efficacy of Pre-Employment Criminal Background Checks
May 31, 2017
Dylan Minor (Northwestern-Kellogg), Nicola Persico (same), and Deborah M. Weiss (Northwestern Law) have just posted on SSRN their article Criminal Background and Job Performance. Here's the abstract: Job applicants with criminal records are much less likely than others to obtain legitimate employment, a problem that recent legislation, including Ban the Box, has attempted to address. The success of any remedial strategy depends on why hiring firms impose a hiring penalty and whether their concerns...
May 31, 2017
Dylan Minor (Northwestern-Kellogg), Nicola Persico (same), and Deborah M. Weiss (Northwestern Law) have just posted on SSRN their article Criminal Background and Job Performance. Here's the abstract: Job applicants with criminal records are much less likely than others to obtain legitimate employment, a problem that recent legislation, including Ban the Box, has attempted to address. The success of any remedial strategy depends on why hiring firms impose a hiring penalty and whether their concerns...
The Contractor’s Emerging Exposure for Design Responsibility
May 31, 2017
On a design-bid-build construction project, it is the owner who is often stuck between a rock and a hard place when defects emerge during the build. For starters, the owner has the difficult task of proving whether the problem is due to defective design or defective construction. Pursuing a claim against a design professional carries a host of problems for an owner. Not only must an owner pass the higher hurdle of proving professional negligence against architects or engineers, but architect/engineer...
May 31, 2017
On a design-bid-build construction project, it is the owner who is often stuck between a rock and a hard place when defects emerge during the build. For starters, the owner has the difficult task of proving whether the problem is due to defective design or defective construction. Pursuing a claim against a design professional carries a host of problems for an owner. Not only must an owner pass the higher hurdle of proving professional negligence against architects or engineers, but architect/engineer...
Free-Market Failure: The Wells Fargo Arbitration Clause Example
May 31, 2017
Jeff Sovern, Professor of Law at St. John’s University School of Law, has written “Free-Market Failure: The Wells Fargo Arbitration Clause Example,” 70 Rutgers U.L. Rev. (Forthcoming); St. John’s Legal Studies Research Paper No. 17-0004. In his journal article, Professor Sovern examines the availability of class arbitration in the context of financial institutions. Here is the abstract: In September 2016, regulators charged Wells Fargo with opening millions of unauthorized accounts...
May 31, 2017
Jeff Sovern, Professor of Law at St. John’s University School of Law, has written “Free-Market Failure: The Wells Fargo Arbitration Clause Example,” 70 Rutgers U.L. Rev. (Forthcoming); St. John’s Legal Studies Research Paper No. 17-0004. In his journal article, Professor Sovern examines the availability of class arbitration in the context of financial institutions. Here is the abstract: In September 2016, regulators charged Wells Fargo with opening millions of unauthorized accounts...
Can You Hear Me Now? How Reflective Listening Can Help With Negotiating
May 30, 2017
When you use reflective listening the central question isn’t what can you do for this person but rather, “How does this person see themselves and their situation?” This requires empathy, your desire to understand the person from his or her internal frame of reference rather than from some external point of view. The empathic listener tries to get inside the other’s thoughts and feelings. A person who sees that a listener is trying to understand him or her will be willing to explore his or her problems...
May 30, 2017
When you use reflective listening the central question isn’t what can you do for this person but rather, “How does this person see themselves and their situation?” This requires empathy, your desire to understand the person from his or her internal frame of reference rather than from some external point of view. The empathic listener tries to get inside the other’s thoughts and feelings. A person who sees that a listener is trying to understand him or her will be willing to explore his or her problems...
Maryland’s Highest Court Finds Small Claims Court Action Waived Right To Arbitrate
May 30, 2017
It is not uncommon for lenders to exempt small claims actions from their arbitration provisions. The question confronted by the Court of Appeals of Maryland in a recent case was: when a lender opts for small claims court, does that waive any later right to enforce the arbitration clause? The court’s answer was yes, if the claims are related. In Cain v. Midland Funding, LLC, __ A.3d__, 2017 WL 1101804 (Md. Mar. 24, 2017), the lender pursued its collection action against the credit card holder...
May 30, 2017
It is not uncommon for lenders to exempt small claims actions from their arbitration provisions. The question confronted by the Court of Appeals of Maryland in a recent case was: when a lender opts for small claims court, does that waive any later right to enforce the arbitration clause? The court’s answer was yes, if the claims are related. In Cain v. Midland Funding, LLC, __ A.3d__, 2017 WL 1101804 (Md. Mar. 24, 2017), the lender pursued its collection action against the credit card holder...
DC Circuit Vacates Arbitration Award on Public Policy Grounds
May 30, 2017
In National Railroad Passenger Corporation v. Fraternal Order of Police, Lodge 189, No. 16-7004 (DC Cir., April 28, 2017), the United States Court of Appeals for the District of Columbia Circuit affirmed a trial court’s order vacating an arbitration award based on public policy grounds. The 2-1 decision involves a collective bargaining agreement and particular jurisprudence under the U.S. Railway Labor Act that permits vacatur of arbitration awards if a contract provision “is contrary to ‘law...
May 30, 2017
In National Railroad Passenger Corporation v. Fraternal Order of Police, Lodge 189, No. 16-7004 (DC Cir., April 28, 2017), the United States Court of Appeals for the District of Columbia Circuit affirmed a trial court’s order vacating an arbitration award based on public policy grounds. The 2-1 decision involves a collective bargaining agreement and particular jurisprudence under the U.S. Railway Labor Act that permits vacatur of arbitration awards if a contract provision “is contrary to ‘law...
Can NFL Players Obtain Judicial Review of Arbitration Decisions on the Merits
May 29, 2017
Michael Z. Green, Professor of Law at Texas A&M University School of Law, and Kyle Carney, Independent, have published, “Can NFL Players Obtain Judicial Review of Arbitration Decisions on the Merits When a Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?,” New York University Journal of Legislation and Public Policy, Forthcoming. In their journal article, the authors discuss recent court challenges to labor arbitration rulings made on behalf of National Football League...
May 29, 2017
Michael Z. Green, Professor of Law at Texas A&M University School of Law, and Kyle Carney, Independent, have published, “Can NFL Players Obtain Judicial Review of Arbitration Decisions on the Merits When a Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?,” New York University Journal of Legislation and Public Policy, Forthcoming. In their journal article, the authors discuss recent court challenges to labor arbitration rulings made on behalf of National Football League...
The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards
May 29, 2017
In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States federal courts, however, the mix of issues concerning subject matter jurisdiction and personal jurisdiction, respectively, has made for bewilderment galore. Thus, the question of federal jurisdiction over petitions to confirm, vacate or modify an arbitration award under the Federal...
May 29, 2017
In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States federal courts, however, the mix of issues concerning subject matter jurisdiction and personal jurisdiction, respectively, has made for bewilderment galore. Thus, the question of federal jurisdiction over petitions to confirm, vacate or modify an arbitration award under the Federal...
Article on What to Do with Your Digital Assets
May 29, 2017
George H. Pike published an Article entitled, Legal Issues: What to Do with Your Digital Life(2014). Provided below is an abstract...
May 29, 2017
George H. Pike published an Article entitled, Legal Issues: What to Do with Your Digital Life(2014). Provided below is an abstract...
