Blog Archives
Inputs and Outputs on Appeal: An Empirical Study of Briefs, Big Law, and Case Complexity
September 23, 2020
The relationship between judicial inputs and outputs remains opaque. Conventional wisdom is plentiful but useful evidence is not. This study examines civil appeals in three federal appellate courts, concentrating on the briefing, the attorneys, and the complexity of the case. We find no evidence that short briefs are more persuasive, while the evidence in favor of long briefs on the appellant's side is provocative. We also find suggestive evidence that the experience of the lead lawyer on the appellee's...
September 23, 2020
The relationship between judicial inputs and outputs remains opaque. Conventional wisdom is plentiful but useful evidence is not. This study examines civil appeals in three federal appellate courts, concentrating on the briefing, the attorneys, and the complexity of the case. We find no evidence that short briefs are more persuasive, while the evidence in favor of long briefs on the appellant's side is provocative. We also find suggestive evidence that the experience of the lead lawyer on the appellee's...
How to Participate in a Zoom Mediation – An Illustrated Guide
September 22, 2020
So you have been invited to participate in a zoom mediation or arbitration, but you’re not sure how the software works or you are feeling uneasy about participating online. This guide covers how to participate in a Zoom Mediation. http://www.adrtoolbox.com/2020/03/tailoring-zoom-to-mediation-for-the-moment/
September 22, 2020
So you have been invited to participate in a zoom mediation or arbitration, but you’re not sure how the software works or you are feeling uneasy about participating online. This guide covers how to participate in a Zoom Mediation. http://www.adrtoolbox.com/2020/03/tailoring-zoom-to-mediation-for-the-moment/
The Underdog Effect: Low Expectations Increase Performance
September 21, 2020
Samir Nurmohamed (University of Pennsylvania, Wharton School), The Underdog Effect: When Low Expectations Increase Performance: Existing theory and research has documented the benefits of facing high expectations and the perils of encountering low expectations. This paper examines the performance effects of underdog expectations, defined as individuals’ perceptions that others view them as unlikely to succeed. Integrating theory and research on self-enhancement with psychological reactance,...
September 21, 2020
Samir Nurmohamed (University of Pennsylvania, Wharton School), The Underdog Effect: When Low Expectations Increase Performance: Existing theory and research has documented the benefits of facing high expectations and the perils of encountering low expectations. This paper examines the performance effects of underdog expectations, defined as individuals’ perceptions that others view them as unlikely to succeed. Integrating theory and research on self-enhancement with psychological reactance,...
SCOTX: Oral Arguments via Zoom for Lawyers
September 20, 2020
Becoming familiar with Zoom videoconferencing software is an important place to start. There are many resources available for training, including Zoom’s own quick start guide for new users. It explains how to sign up for a Zoom account and how to join a test meeting to check your audio and video. YouTube is also an excellent resource for video tutorials covering every aspect of Zoom. In addition to becoming familiar with the Zoom software, it is important to test the computer, audio, video,...
September 20, 2020
Becoming familiar with Zoom videoconferencing software is an important place to start. There are many resources available for training, including Zoom’s own quick start guide for new users. It explains how to sign up for a Zoom account and how to join a test meeting to check your audio and video. YouTube is also an excellent resource for video tutorials covering every aspect of Zoom. In addition to becoming familiar with the Zoom software, it is important to test the computer, audio, video,...
Law firm teams up with Canadian legal tech company on AI-powered case prediction tool
September 19, 2020
Labor and employment law firm Fisher Phillips has partnered with Blue J Legal Inc. to bring the Toronto legal tech company’s AI-powered technology, which predicts court outcomes in the employment law arena, to the United States. The partnership, which was announced last month, will initially give Fisher Phillips exclusive access to the U.S. employment tool that Blue J Legal develops in tandem with the law firm. Blue J Legal’s Canadian employment law product, which was released...
September 19, 2020
Labor and employment law firm Fisher Phillips has partnered with Blue J Legal Inc. to bring the Toronto legal tech company’s AI-powered technology, which predicts court outcomes in the employment law arena, to the United States. The partnership, which was announced last month, will initially give Fisher Phillips exclusive access to the U.S. employment tool that Blue J Legal develops in tandem with the law firm. Blue J Legal’s Canadian employment law product, which was released...
More Entitled People Get Angrier After Experiencing Bad Luck
September 18, 2020
In a series of studies, Emily Zitek from Cornell University and Alexander Jordan from Harvard Medical School looked at whether these emotional effects of entitlement extend to situations solely involving bad luck. First, the pair asked 162 participants to fill in the Psychological Entitlement Scale, which asks respondents to rate their agreement with statements like “I honestly feel I’m just more deserving than others”. Participants were also asked how good they would expect their luck...
September 18, 2020
In a series of studies, Emily Zitek from Cornell University and Alexander Jordan from Harvard Medical School looked at whether these emotional effects of entitlement extend to situations solely involving bad luck. First, the pair asked 162 participants to fill in the Psychological Entitlement Scale, which asks respondents to rate their agreement with statements like “I honestly feel I’m just more deserving than others”. Participants were also asked how good they would expect their luck...
NADN / Zoom Industry Roundtable – With Zoom CIO
September 17, 2020
So, now that we're all online resolution experts, I [NADN Director Darren Lee] thought it would be valuable to pull together a roundtable of some of the smartest members I know to discuss their experiences, mediating/arbitrating online. We'll have a broad discussion, touching on best practices, surprises about the medium, the reaction from clients, and what does 2021 look like from here. (No powerpoints or CLE credits, this is largely a business-oriented discussion...) Academy Member and online...
September 17, 2020
So, now that we're all online resolution experts, I [NADN Director Darren Lee] thought it would be valuable to pull together a roundtable of some of the smartest members I know to discuss their experiences, mediating/arbitrating online. We'll have a broad discussion, touching on best practices, surprises about the medium, the reaction from clients, and what does 2021 look like from here. (No powerpoints or CLE credits, this is largely a business-oriented discussion...) Academy Member and online...
Mapping the Iceberg: The Impact of Data Sources on the Study of District Courts
September 16, 2020
Three decades ago, Siegelman and Donohue aptly characterized research about courts and litigation that relied only on published opinions as “studying the iceberg from its tip.” They implored researchers to view published district court opinions “with greater sensitivity to the ways in which such cases are unrepresentative of all cases”. The dynamic, multistage nature of trial court litigation makes a focus solely on published opinions particularly ill‐suited to the study of federal district...
September 16, 2020
Three decades ago, Siegelman and Donohue aptly characterized research about courts and litigation that relied only on published opinions as “studying the iceberg from its tip.” They implored researchers to view published district court opinions “with greater sensitivity to the ways in which such cases are unrepresentative of all cases”. The dynamic, multistage nature of trial court litigation makes a focus solely on published opinions particularly ill‐suited to the study of federal district...
Mediation 2020 – Legal Marketplace Analysis – Philbin Listed
September 15, 2020
This year we identify 430 practitioners operating in 330 firms across 47 countries for their exceptional handling of complex disputes in mediation proceedings. Methodology Who’s Who Legal does not list firms, only individual lawyers. The leading firms are those in each region whose listed practitioners received the most total nominations in our research. We highlight individuals at other firms who also scored very highly in our research. The Global Elite Thought Leaders are those individuals...
September 15, 2020
This year we identify 430 practitioners operating in 330 firms across 47 countries for their exceptional handling of complex disputes in mediation proceedings. Methodology Who’s Who Legal does not list firms, only individual lawyers. The leading firms are those in each region whose listed practitioners received the most total nominations in our research. We highlight individuals at other firms who also scored very highly in our research. The Global Elite Thought Leaders are those individuals...
Tents, Smoke Machine: Judges Get Creative on Jury Trial Restart
September 14, 2020
A federal court in Dallas is considering holding an outdoor trial this fall in a law school courtyard, assuming it can figure out what to do about things like pollen. It ought to be cool enough in Texas by then, but a tent would be needed to protect attendees from the elements, Chief Judge Barbara Lynn of the Northern District of Texas told Bloomberg Law. Lynn is talking to her alma mater, Southern Methodist University’s Dedman School of Law, about whether an outdoor trial there is feasible. Seattle...
September 14, 2020
A federal court in Dallas is considering holding an outdoor trial this fall in a law school courtyard, assuming it can figure out what to do about things like pollen. It ought to be cool enough in Texas by then, but a tent would be needed to protect attendees from the elements, Chief Judge Barbara Lynn of the Northern District of Texas told Bloomberg Law. Lynn is talking to her alma mater, Southern Methodist University’s Dedman School of Law, about whether an outdoor trial there is feasible. Seattle...
