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Managing Construction Conflict: Unfinished Revolution, Continuing Evolution
April 25, 2017
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly...
April 25, 2017
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly...
Implicit Bias in Judicial Decision Making How It Affects Judgment and What Judges Can Do About It
April 25, 2017
This Chapter reviews research indicating that judges, like most adults, rely too heavily on intuition while making important decisions. This tendency leaves them vulnerable to using overly simplistic cognitive strategies to decide cases, which creates predictable, systematic errors in judgment.
April 25, 2017
This Chapter reviews research indicating that judges, like most adults, rely too heavily on intuition while making important decisions. This tendency leaves them vulnerable to using overly simplistic cognitive strategies to decide cases, which creates predictable, systematic errors in judgment.
Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered
April 24, 2017
The theory of insurance is considered here when an insured individual may be able to sue another party for the losses that the insured suffered — and thus when an insured has a potential source of compensation in addition to insurance coverage. Insurance policies reflect this possibility through so-called subrogation provisions that give insurers the right to step into the shoes of insureds and to bring suits against injurers. We show that subrogation provisions are a fundamental feature...
April 24, 2017
The theory of insurance is considered here when an insured individual may be able to sue another party for the losses that the insured suffered — and thus when an insured has a potential source of compensation in addition to insurance coverage. Insurance policies reflect this possibility through so-called subrogation provisions that give insurers the right to step into the shoes of insureds and to bring suits against injurers. We show that subrogation provisions are a fundamental feature...
A Primer for Enforcement in the U.S. of Foreign-Issued Arbitration Awards
April 24, 2017
In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States of a foreign-issued arbitral award, which is subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) and Chapter 2 of the Federal Arbitration Act (“FAA”). In an effort to clear up confusion, the court...
April 24, 2017
In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States of a foreign-issued arbitral award, which is subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) and Chapter 2 of the Federal Arbitration Act (“FAA”). In an effort to clear up confusion, the court...
FINRA Arbitration Panel Awards Investor $1 Million in Damages Over Broker’s Misleading Statements
April 24, 2017
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly awarded an investor more than $1 million due to a securities broker’s misleading statements. In FINRA case number 16-00226, Grace Huitt purchased a variable annuity from Oklahoma-based Wilbanks Securities in 2008. At the time of her purchase, a Wilbanks Securities broker purportedly promised Huitt a minimum return on her investment of seven percent. About four years later, Huitt sold the ING Landmark...
April 24, 2017
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly awarded an investor more than $1 million due to a securities broker’s misleading statements. In FINRA case number 16-00226, Grace Huitt purchased a variable annuity from Oklahoma-based Wilbanks Securities in 2008. At the time of her purchase, a Wilbanks Securities broker purportedly promised Huitt a minimum return on her investment of seven percent. About four years later, Huitt sold the ING Landmark...
Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, and Leadership?
April 23, 2017
To practice mindfulness is to pay attention in a curious, deliberate, kind, and non-judgmental way to life as it unfolds each moment. Mindfulness is currently very fashionable and has been so for sometime now in American business, education, media, medicine, popular culture, and sports. Many American business, law, and medical students, business, law, and medical professors, business, law, and medical schools, business people, lawyers, medical professionals, and business, legal, and medical organizations...
April 23, 2017
To practice mindfulness is to pay attention in a curious, deliberate, kind, and non-judgmental way to life as it unfolds each moment. Mindfulness is currently very fashionable and has been so for sometime now in American business, education, media, medicine, popular culture, and sports. Many American business, law, and medical students, business, law, and medical professors, business, law, and medical schools, business people, lawyers, medical professionals, and business, legal, and medical organizations...
Tackling Abuse in Sport Through Dispute System Design
April 23, 2017
Reports of sexual abuse in the youth sports community require sport at every level to be concerned about ensuring the emotional and physical safety of its athletes. To address the problem of sexual abuse in sport, the U.S. Olympic Committee (USOC) commissioned a Working Group on Safe Training Environments, which employed a Dispute System Design (DSD) process in undertaking a comprehensive study focused on the issue of abuse in sport and how to provide a safe training athletic environment for athletes...
April 23, 2017
Reports of sexual abuse in the youth sports community require sport at every level to be concerned about ensuring the emotional and physical safety of its athletes. To address the problem of sexual abuse in sport, the U.S. Olympic Committee (USOC) commissioned a Working Group on Safe Training Environments, which employed a Dispute System Design (DSD) process in undertaking a comprehensive study focused on the issue of abuse in sport and how to provide a safe training athletic environment for athletes...
6 Ways to Look More Confident During a Presentation
April 22, 2017
How can you send out the same signals—and hopefully generate the same success? At the Center for Body Language, we’ve studied successful leaders across a range of fields and identified several positions which are indicators of effective, persuasive body language. * * The next time you give a presentation, try to have it recorded, then review the video with the sound off, watching only your body language. How did you stand and gesture? Did you use any of these positions? If not, think...
April 22, 2017
How can you send out the same signals—and hopefully generate the same success? At the Center for Body Language, we’ve studied successful leaders across a range of fields and identified several positions which are indicators of effective, persuasive body language. * * The next time you give a presentation, try to have it recorded, then review the video with the sound off, watching only your body language. How did you stand and gesture? Did you use any of these positions? If not, think...
The More You Use Facebook, the Worse You Feel
April 22, 2017
Prior research has shown that the use of social media may detract from face-to-face relationships, reduce investment in meaningful...
April 22, 2017
Prior research has shown that the use of social media may detract from face-to-face relationships, reduce investment in meaningful...
The Effects of Perceived Procedural Justice on Conflict Management
April 21, 2017
In this study, we examined the role that perceived procedural justice (PPJ) plays in the conflict management behaviors that intimate spouses adopt and endorse. In this context, PPJ has been defined as the degree to which one perceives that his or her spouse makes decisions fairly, considerately, and in a participatory manner. To test the impact of perceived procedural justice on conflict resolution behavior, we applied the dual-concern model of conflict management style. In an experiment in which...
April 21, 2017
In this study, we examined the role that perceived procedural justice (PPJ) plays in the conflict management behaviors that intimate spouses adopt and endorse. In this context, PPJ has been defined as the degree to which one perceives that his or her spouse makes decisions fairly, considerately, and in a participatory manner. To test the impact of perceived procedural justice on conflict resolution behavior, we applied the dual-concern model of conflict management style. In an experiment in which...
