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The Benefits of Neutral Evaluation
January 16, 2017
When we are immersed in a case, we all tend to get blinders on. Client hopes and expectations, and our commitment to them...
January 16, 2017
When we are immersed in a case, we all tend to get blinders on. Client hopes and expectations, and our commitment to them...
SCOTUS Adds 16 New Cases to Merits Docket (3 Arbitration)
January 16, 2017
The justices will also return to a familiar question: To what extent can agreements to arbitrate disputes foreclose later efforts to resolve those disputes through litigation? In National Labor Relations Board v. Murphy Oil USA, Ernst & Young LLP v. Morris, and Epic Systems v. Lewis, the justices agreed to decide whether agreements to forgo class actions or collective proceedings and instead resolve employer-employee disputes through individual arbitration are enforceable under the Federal Arbitration...
January 16, 2017
The justices will also return to a familiar question: To what extent can agreements to arbitrate disputes foreclose later efforts to resolve those disputes through litigation? In National Labor Relations Board v. Murphy Oil USA, Ernst & Young LLP v. Morris, and Epic Systems v. Lewis, the justices agreed to decide whether agreements to forgo class actions or collective proceedings and instead resolve employer-employee disputes through individual arbitration are enforceable under the Federal Arbitration...
Tale of Two Arbitrations: Demonstrating The FAA In Flux
January 16, 2017
Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in its interpretation. Especially in the past two decades, with the Supreme Court highly engaged in the enforcement of arbitration agreements, the pace of legal development has quickened. That...
January 16, 2017
Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in its interpretation. Especially in the past two decades, with the Supreme Court highly engaged in the enforcement of arbitration agreements, the pace of legal development has quickened. That...
The Great A.I. Awakening
January 15, 2017
How Google used artificial intelligence to transform Google Translate, one of its more popular services — and how machine...
January 15, 2017
How Google used artificial intelligence to transform Google Translate, one of its more popular services — and how machine...
Lagging Variables: The How and Why
January 15, 2017
Lagging variables is frequently justified (or even necessary) in empirical legal research. This is particularly so in event-study research that seeks, e.g., to explore the influence of a new law, statute, court decision on various outcome variable(s) of interest. In such contexts researchers need to account for a natural delay in an hypothesized intervention's effect. This topic was raised in a recent Stata blog post (here) that also references relevant Stata coding. As explained in the comments...
January 15, 2017
Lagging variables is frequently justified (or even necessary) in empirical legal research. This is particularly so in event-study research that seeks, e.g., to explore the influence of a new law, statute, court decision on various outcome variable(s) of interest. In such contexts researchers need to account for a natural delay in an hypothesized intervention's effect. This topic was raised in a recent Stata blog post (here) that also references relevant Stata coding. As explained in the comments...
Prenups for IP
January 15, 2017
From Professor Orly Lobel (San Diego), writing for the New York Times: The recent report that a growing number of millennials are signing prenuptial agreements to divide their intellectual property in advance is unsurprising. Our most intimate relationships – marriages – are, in addition to many other things, high-stake contracts. It would be great if this particular kind of contract could always last forever, sustained by pure love, but that proves not to be the reality for many couples....
January 15, 2017
From Professor Orly Lobel (San Diego), writing for the New York Times: The recent report that a growing number of millennials are signing prenuptial agreements to divide their intellectual property in advance is unsurprising. Our most intimate relationships – marriages – are, in addition to many other things, high-stake contracts. It would be great if this particular kind of contract could always last forever, sustained by pure love, but that proves not to be the reality for many couples....
Another Reason Why Law School Enrollment Figures Won’t Recover
January 14, 2017
Demographics tell us that the number of potential students in the typical age group is declining. Undergraduate institutions are already feeling the consequences. We’re next. From the Chronicle of Higher Education’s Daily Briefing (Dec. 15): Most enrollment officers focus on two goals year-round: making enrollment numbers and net tuition revenue. But as the number of high-school graduates declines, it's tougher for colleges to attract enough students and still cover expenses. Here are some...
January 14, 2017
Demographics tell us that the number of potential students in the typical age group is declining. Undergraduate institutions are already feeling the consequences. We’re next. From the Chronicle of Higher Education’s Daily Briefing (Dec. 15): Most enrollment officers focus on two goals year-round: making enrollment numbers and net tuition revenue. But as the number of high-school graduates declines, it's tougher for colleges to attract enough students and still cover expenses. Here are some...
NYT: Artificial Intelligence
January 14, 2017
News about Artificial Intelligence, including commentary and archival articles published in The New York Times.
January 14, 2017
News about Artificial Intelligence, including commentary and archival articles published in The New York Times.
WSJ: Artificial Intelligence
January 14, 2017
News about Artificial Intelligence, including commentary and archival articles published in The Wall Street Journal.
January 14, 2017
News about Artificial Intelligence, including commentary and archival articles published in The Wall Street Journal.
SCOTUS Finally Agrees to Consider Whether Class Action Waivers Included in Employment Agreements Violate the NLRA
January 13, 2017
The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included...
January 13, 2017
The United States Supreme Court has granted certiorari in three cases related to the legality of class action waivers included...
