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Can’t Get a Word in Edgewise? How to Short Circuit the Serial Interrupter.
May 12, 2017
A negotiation or mediation should have a flow or rhythm. Ideally both parties are actively listening to each other and expressing themselves in an effective and professional manner. Although each side is trying to get the most benefit from an agreement, both sides understand any agreement is a two-way street where they both have to have their needs met. Why would one party interrupt the other? The person wants to dominate the conversation and show he or she has power. The person wants to actively...
May 12, 2017
A negotiation or mediation should have a flow or rhythm. Ideally both parties are actively listening to each other and expressing themselves in an effective and professional manner. Although each side is trying to get the most benefit from an agreement, both sides understand any agreement is a two-way street where they both have to have their needs met. Why would one party interrupt the other? The person wants to dominate the conversation and show he or she has power. The person wants to actively...
Can a Good Sense of Humour Protect You from Stress?
May 11, 2017
The more pronounced the participants’ sense of humour, the lower their psychological distress at the start of the study and the better their physical symptoms through the diary stage. But against the researchers’ expectations, the apparent benefits of humour weren’t explained by sense of humour being linked with a tendency to reappraise situations, nor to better social relations. A second study involved just over 100 undergrad students answering questions about their psychological and emotional...
May 11, 2017
The more pronounced the participants’ sense of humour, the lower their psychological distress at the start of the study and the better their physical symptoms through the diary stage. But against the researchers’ expectations, the apparent benefits of humour weren’t explained by sense of humour being linked with a tendency to reappraise situations, nor to better social relations. A second study involved just over 100 undergrad students answering questions about their psychological and emotional...
Negotiations Work Best When Both Sides Have Similar Personality Traits
May 11, 2017
Negotiations work best when both sides have matching personality traits—even if they’re both disagreeable—according to research from the University of Georgia Terry College of Business. Conventional wisdom would suggest that people who are outgoing and accommodating are better suited to negotiate, but a study co-authored by assistant professor of management Fadel Matta found two sides can reach accord through their common discord. “Normally, you would consider agreeableness—that you’re...
May 11, 2017
Negotiations work best when both sides have matching personality traits—even if they’re both disagreeable—according to research from the University of Georgia Terry College of Business. Conventional wisdom would suggest that people who are outgoing and accommodating are better suited to negotiate, but a study co-authored by assistant professor of management Fadel Matta found two sides can reach accord through their common discord. “Normally, you would consider agreeableness—that you’re...
Fifth Circuit Dances On Head of Arbitration Pin
May 11, 2017
Demonstrating just how difficult it can be to separate questions about the “formation” of an arbitration agreement from the “validity” of that agreement, the Fifth Circuit found this month that when an argument was applied to two of the parties’ three agreements, it related to their formation, but when the same argument was applied to the third agreement, it related to its validity. In Lefoldt v. Horne, 2017 WL 1326241 (5th Cir. April 11, 2017), the plaintiff, a community hospital,...
May 11, 2017
Demonstrating just how difficult it can be to separate questions about the “formation” of an arbitration agreement from the “validity” of that agreement, the Fifth Circuit found this month that when an argument was applied to two of the parties’ three agreements, it related to their formation, but when the same argument was applied to the third agreement, it related to its validity. In Lefoldt v. Horne, 2017 WL 1326241 (5th Cir. April 11, 2017), the plaintiff, a community hospital,...
Should Attorneys Care About Data Analytics?
May 10, 2017
Whatever one may think of the value of Big Data, economic studies have consistently and conclusively found that customers are more likely to buy a product when they know what the price of the product is. Data analytics can help give greater certainty to prospective clients, and hence drive more business to the firm. To answer the question that we started with then – should attorneys care about data analytics? The answer is a resounding Yes – but only if they want to make more money and have...
May 10, 2017
Whatever one may think of the value of Big Data, economic studies have consistently and conclusively found that customers are more likely to buy a product when they know what the price of the product is. Data analytics can help give greater certainty to prospective clients, and hence drive more business to the firm. To answer the question that we started with then – should attorneys care about data analytics? The answer is a resounding Yes – but only if they want to make more money and have...
The European Succession Regulation and the Arbitration of Trust Disputes
May 10, 2017
S.I. Strong , Manley O. Hudson Professor of Law at the University of Missouri School of Law , has published “ The European...
May 10, 2017
S.I. Strong , Manley O. Hudson Professor of Law at the University of Missouri School of Law , has published “ The European...
Behavioral Economics & the Patent-Antitrust Intersection
May 10, 2017
Daryl Lim (The John Marshall Law School) has posted Retooling the Patent-Antitrust Intersection: Insights from Behavioral Economics (Baylor Law Review, Forthcoming) on SSRN. Here is the abstract: Behavioral economics has been embraced in finance and implemented by the government. In IP law, scholars have argued it can inform non-obviousness analyses, decipher patent damages, and develop a more nuanced narrative for incentivizing innovation. In antitrust law, scholars have argued for a larger role...
May 10, 2017
Daryl Lim (The John Marshall Law School) has posted Retooling the Patent-Antitrust Intersection: Insights from Behavioral Economics (Baylor Law Review, Forthcoming) on SSRN. Here is the abstract: Behavioral economics has been embraced in finance and implemented by the government. In IP law, scholars have argued it can inform non-obviousness analyses, decipher patent damages, and develop a more nuanced narrative for incentivizing innovation. In antitrust law, scholars have argued for a larger role...
California: The Wild, Wild West of Arbitration Law
May 9, 2017
The California Supreme Court recently issued a decision following its tradition of finding creative ways to avoid FAA preemption. The court’s analysis provides an interesting blueprint for other states to develop consumer and employee protection statutes that can avoid the the steamroller of FAA preemption. In McGill v. Citibank, No. S224086 (Cal. Apr. 6, 2017) (click here for a copy of the decision), the California Supreme Court held that “a provision in a predispute arbitration agreement...
May 9, 2017
The California Supreme Court recently issued a decision following its tradition of finding creative ways to avoid FAA preemption. The court’s analysis provides an interesting blueprint for other states to develop consumer and employee protection statutes that can avoid the the steamroller of FAA preemption. In McGill v. Citibank, No. S224086 (Cal. Apr. 6, 2017) (click here for a copy of the decision), the California Supreme Court held that “a provision in a predispute arbitration agreement...
Fort Worth COA Rules Employer’s Online Arbitration Policy is Unenforceable Absent Explicit Notice to Workers
May 9, 2017
The Court of Appeals for the Second District of Texas in Fort Worth has ruled that a worker was not bound by her employer’s...
May 9, 2017
The Court of Appeals for the Second District of Texas in Fort Worth has ruled that a worker was not bound by her employer’s...
An Empirical Study of the Effects of the Negativity Bias
May 9, 2017
Because I have been working on a book on cognitive biases for several months, I was delighted to discover a newly-posted article on SSRN by Kenneth D. Chestek concerning the effects of the Negativity Bias on persuasive writing. Fear and Loathing in Persuasive Writing: An Empirical Study of the Effects of the Negativity Bias. (Legal Communication & Rhetoric: JALWD, Vol. 14, 2017) Abstract "Cognitive psychologists have identified a phenomenon they call the "negativity bias," in which humans...
May 9, 2017
Because I have been working on a book on cognitive biases for several months, I was delighted to discover a newly-posted article on SSRN by Kenneth D. Chestek concerning the effects of the Negativity Bias on persuasive writing. Fear and Loathing in Persuasive Writing: An Empirical Study of the Effects of the Negativity Bias. (Legal Communication & Rhetoric: JALWD, Vol. 14, 2017) Abstract "Cognitive psychologists have identified a phenomenon they call the "negativity bias," in which humans...
