Blog Archives
Legal Theory Bookworm: “Computational Legal Studies,” edited by Whalen
October 3, 2020
The Legal Theory Bookworm recommends Computational Legal Studies: The Promise and Challenge of Data-driven Research by Ryan Whalen. Here is a description: Computational Legal Studies offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection and analysis techniques are transforming the way in which we comprehend and study the law, and the implications...
October 3, 2020
The Legal Theory Bookworm recommends Computational Legal Studies: The Promise and Challenge of Data-driven Research by Ryan Whalen. Here is a description: Computational Legal Studies offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection and analysis techniques are transforming the way in which we comprehend and study the law, and the implications...
How Zoom Has Changed Mediation in a COVID-19 World
October 2, 2020
"The Zoom boxes are a great equalizer. We have noticed that clients are taking a more active role in virtual mediations, perhaps due, at least in part, to the more equal way in which participants appear in the 'room'." Q: The COVID-19 pandemic has forced mediations to move online to Zoom and other virtual platforms. How should general counsel adapt their strategies before the mediation occurs? A: In a live mediation, much thought is given in advance to who should physically attend. Sometimes...
October 2, 2020
"The Zoom boxes are a great equalizer. We have noticed that clients are taking a more active role in virtual mediations, perhaps due, at least in part, to the more equal way in which participants appear in the 'room'." Q: The COVID-19 pandemic has forced mediations to move online to Zoom and other virtual platforms. How should general counsel adapt their strategies before the mediation occurs? A: In a live mediation, much thought is given in advance to who should physically attend. Sometimes...
Guest Post: How the West Became the East: The Patent Litigation Explosion in the Western District of Texas
October 1, 2020
Move over Marshall. The new capital of American patent litigation is Waco, Texas. Waco’s sole federal judge, Alan Albright—who took the bench less than two years ago—now hears more patent cases than any other judge in the country. It’s all happened quickly. As recently as 2018, the Western District of Texas, which spans from Waco, Austin, and San Antonio in the central part of the state to El Paso in its far western reaches, received only 90 patent cases, a mere 2.5% of patent cases...
October 1, 2020
Move over Marshall. The new capital of American patent litigation is Waco, Texas. Waco’s sole federal judge, Alan Albright—who took the bench less than two years ago—now hears more patent cases than any other judge in the country. It’s all happened quickly. As recently as 2018, the Western District of Texas, which spans from Waco, Austin, and San Antonio in the central part of the state to El Paso in its far western reaches, received only 90 patent cases, a mere 2.5% of patent cases...
Factoring the Role of Eyewitness Evidence in the Courtroom
September 30, 2020
A pressing concern with the eyewitness testimony used in many criminal cases is that jurors may be swayed by the high confidence of an eyewitness and, as a result, may disregard other factors that provide more diagnostic information. Mock jurors were surveyed using a large national sample of 1,684 laypeople, selected to be representative of the U.S. population (age, race, gender, geographic region), using mock trial videos of eyewitness testimony. To explore the relationship between courtroom confidence...
September 30, 2020
A pressing concern with the eyewitness testimony used in many criminal cases is that jurors may be swayed by the high confidence of an eyewitness and, as a result, may disregard other factors that provide more diagnostic information. Mock jurors were surveyed using a large national sample of 1,684 laypeople, selected to be representative of the U.S. population (age, race, gender, geographic region), using mock trial videos of eyewitness testimony. To explore the relationship between courtroom confidence...
CIO @Zoom_US Talks With National Mediator Panel
September 29, 2020
I was recently honored to take part in a webinar on Zoom mediations with Harry Moseley, CIO of Zoom, hosted by Darren Lee, Executive Director of the National Academy of Distinguished Neutrals (NADN). The rest of the panel were national leaders from NADN. It is an advanced discussion of new @Zoom_US features, best practices, and short course on how to connect with people in virtual formats. I recommend it. https://youtu.be/JymgW5ggvRI
September 29, 2020
I was recently honored to take part in a webinar on Zoom mediations with Harry Moseley, CIO of Zoom, hosted by Darren Lee, Executive Director of the National Academy of Distinguished Neutrals (NADN). The rest of the panel were national leaders from NADN. It is an advanced discussion of new @Zoom_US features, best practices, and short course on how to connect with people in virtual formats. I recommend it. https://youtu.be/JymgW5ggvRI
Ginsburg on Good Writing
September 28, 2020
Justice Ruth Bader Ginsburg was known for her clear, powerful prose. She learned how to write—how to write really well—from two undergraduate teachers at Cornell: Robert E. Cushman and Vladimir Nabokov. That’s right. In a 2006 interview with Bryan A. Garner, Justice Ginsburg explained that Nabokov “was a man in love with the sound of words.” He taught her “the importance of choosing the right word and presenting it in the right word order.” 13 Scribes J. Legal Writing 133, 135 (2010). Then...
September 28, 2020
Justice Ruth Bader Ginsburg was known for her clear, powerful prose. She learned how to write—how to write really well—from two undergraduate teachers at Cornell: Robert E. Cushman and Vladimir Nabokov. That’s right. In a 2006 interview with Bryan A. Garner, Justice Ginsburg explained that Nabokov “was a man in love with the sound of words.” He taught her “the importance of choosing the right word and presenting it in the right word order.” 13 Scribes J. Legal Writing 133, 135 (2010). Then...
The Vitruvian Lawyer: How To Thrive In An Era Of AI And Quantum Technologies
September 27, 2020
Hilary G. Escajeda (Denver), The Vitruvian Lawyer: How to Thrive in an Era of AI and Quantum Technologies, 29 Kan. J.L. & Pub. Pol'y 421 (2020): We live in an exciting and tumultuous time as artificial intelligence (AI), and quantum technologies unleash more transformations than the agrarian, industrial, and computer revolutions combined. This new age, popularly called “The Fourth Industrial Revolution,” describes the convergence of increasingly powerful and capable digital and robotic...
September 27, 2020
Hilary G. Escajeda (Denver), The Vitruvian Lawyer: How to Thrive in an Era of AI and Quantum Technologies, 29 Kan. J.L. & Pub. Pol'y 421 (2020): We live in an exciting and tumultuous time as artificial intelligence (AI), and quantum technologies unleash more transformations than the agrarian, industrial, and computer revolutions combined. This new age, popularly called “The Fourth Industrial Revolution,” describes the convergence of increasingly powerful and capable digital and robotic...
Lex Machina Announces Updated COVID-19 Tracking Tools
September 26, 2020
The COVID-19 Case TagLex Machina created a case tag that allows users to view and analyze cases with claims that are directly caused by, or are significantly impacted by, the coronavirus health crisis or related societal changes. The Lex Machina team of legal experts reviewed cases with complaints mentioning COVID-19 keywords and verified whether the case was filed as a result of the COVID-19 crisis. This allows users to track cases in their practice area or district that are filed as a direct result...
September 26, 2020
The COVID-19 Case TagLex Machina created a case tag that allows users to view and analyze cases with claims that are directly caused by, or are significantly impacted by, the coronavirus health crisis or related societal changes. The Lex Machina team of legal experts reviewed cases with complaints mentioning COVID-19 keywords and verified whether the case was filed as a result of the COVID-19 crisis. This allows users to track cases in their practice area or district that are filed as a direct result...
Evaluating Mediation’s Future
September 25, 2020
Erin Archerd, Associate Professor of Law at Detroit Mercy School of Law, has published “Evaluating Mediation’s Future,” Journal of Dispute Resolution, Vol. 2020, No. 1, 2020. In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms. Here is the abstract: This article makes the case for continued, robust support for the use of facilitation mediation in the State of Michigan...
September 25, 2020
Erin Archerd, Associate Professor of Law at Detroit Mercy School of Law, has published “Evaluating Mediation’s Future,” Journal of Dispute Resolution, Vol. 2020, No. 1, 2020. In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms. Here is the abstract: This article makes the case for continued, robust support for the use of facilitation mediation in the State of Michigan...
Breakout Room Assignment Enhancements @Zoom_US – Half of a Great Idea
September 23, 2020
Breakout Rooms distinguish @Zoom_US from other video conferencing products and have driven its appeal in several verticals - including mediation. The latest software release (5.3.0) adds a third option for sorting Breakout Rooms - "Let participants choose room". Prior versions allowed hosts to assign automatically or manually. Like automatic assignment, participant selection would be great in academic or other large group broadcasts. Rather than laboriously assign mass participants to Breakout...
September 23, 2020
Breakout Rooms distinguish @Zoom_US from other video conferencing products and have driven its appeal in several verticals - including mediation. The latest software release (5.3.0) adds a third option for sorting Breakout Rooms - "Let participants choose room". Prior versions allowed hosts to assign automatically or manually. Like automatic assignment, participant selection would be great in academic or other large group broadcasts. Rather than laboriously assign mass participants to Breakout...
