Blog Archives
Civil Conspiracy and Settlement
July 24, 2020
An alleged tortfeasor, earlier named as a party in a case, settled with the plaintiff. The plaintiff sought to submit a conspiracy count related to that party, and the Fifth Circuit agreed: “The alleged co-conspirator need not actually face liability. … [A]settlement in general does not prevent submitting to the jury questions about that party’s conduct (only pursuing an actual judgment against the settling party). Therefore, we conclude that Phadia’s settlement had no bearing on the Plaintiffs’...
July 24, 2020
An alleged tortfeasor, earlier named as a party in a case, settled with the plaintiff. The plaintiff sought to submit a conspiracy count related to that party, and the Fifth Circuit agreed: “The alleged co-conspirator need not actually face liability. … [A]settlement in general does not prevent submitting to the jury questions about that party’s conduct (only pursuing an actual judgment against the settling party). Therefore, we conclude that Phadia’s settlement had no bearing on the Plaintiffs’...
Guidance for Conducting Civil Jury Trials During the COVID-19 Pandemic
July 23, 2020
The American Board of Trial Advocates (ABOTA) has published a comprehensive guide to conducting civil jury trials during the COVID-19 pandemic. The white paper, “Guidance for Conducting Civil Jury Trials During the COVID-19 Pandemic,” is a legal resource to address the process of reopening courts and the many issues faced by the courts, the legal community, jurors and the public. “Unfortunately, the closing of courtrooms across the country has affected hundreds of people whose...
July 23, 2020
The American Board of Trial Advocates (ABOTA) has published a comprehensive guide to conducting civil jury trials during the COVID-19 pandemic. The white paper, “Guidance for Conducting Civil Jury Trials During the COVID-19 Pandemic,” is a legal resource to address the process of reopening courts and the many issues faced by the courts, the legal community, jurors and the public. “Unfortunately, the closing of courtrooms across the country has affected hundreds of people whose...
Impact of couple conflict and mediation on how romantic partners are seen: An fMRI study
July 22, 2020
Previous studies on romantic love have reported increased neural activity in the brain's reward circuitry such as the striatum. To date, the extent to which this activity is modulated by couple conflict in general and mediated couple conflict in particular, is unknown. The present study seeks to fill this gap by randomly assigning 36 romantic heterosexual couples to a mediated or non-mediated conflict discussion. Before and after the conflict discussion, self-reports and functional neuroimaging...
July 22, 2020
Previous studies on romantic love have reported increased neural activity in the brain's reward circuitry such as the striatum. To date, the extent to which this activity is modulated by couple conflict in general and mediated couple conflict in particular, is unknown. The present study seeks to fill this gap by randomly assigning 36 romantic heterosexual couples to a mediated or non-mediated conflict discussion. Before and after the conflict discussion, self-reports and functional neuroimaging...
‘It’s Not About the Money. It’s About Sending a Message!’: Unpacking the Components of Revenge
July 21, 2020
The two most prevalent theories of why people punish others—retribution and deterrence—focus exclusively on outcomes: the objective material welfare and the subjective well-being of the offender and the punisher. However, many if not most acts of revenge seem to be oriented not so much toward producing specific material outcomes or suffering for the perceived wrongdoer, but rather seem designed to send a message—to change the perpetrator's beliefs and/or mindset. Across three studies, including...
July 21, 2020
The two most prevalent theories of why people punish others—retribution and deterrence—focus exclusively on outcomes: the objective material welfare and the subjective well-being of the offender and the punisher. However, many if not most acts of revenge seem to be oriented not so much toward producing specific material outcomes or suffering for the perceived wrongdoer, but rather seem designed to send a message—to change the perpetrator's beliefs and/or mindset. Across three studies, including...
Creating a Framework for Examining Federal Agency Rules Impacting Arbitration
July 20, 2020
Since 1985, the analysis for determining how to resolve a conflict between the Federal Arbitration Act and another federal statute has been clear—courts should consider whether Congress evidenced a “contrary congressional command” stating that arbitration agreements may not be enforced under the statute. In contrast, no court has created an analytical framework to consider how to compare federal regulatory actions (by rule or adjudication) prohibiting enforcement of pre-dispute arbitration...
July 20, 2020
Since 1985, the analysis for determining how to resolve a conflict between the Federal Arbitration Act and another federal statute has been clear—courts should consider whether Congress evidenced a “contrary congressional command” stating that arbitration agreements may not be enforced under the statute. In contrast, no court has created an analytical framework to consider how to compare federal regulatory actions (by rule or adjudication) prohibiting enforcement of pre-dispute arbitration...
LexisNexis Launches An All-New Premium Legal Research Service
July 19, 2020
LexisNexis is today announcing the launch of a premium legal research service, Lexis+, that it says takes a bold approach to providing legal research, AI-driven analytics and practical guidance within a unified and fully integrated platform. The company is positioning this new service not as a successor to its current research platform, Lexis Advance, but rather as a higher-end alternative designed for users who want an all-in-one, end-to-end platform that incorporates the latest powerhouse...
July 19, 2020
LexisNexis is today announcing the launch of a premium legal research service, Lexis+, that it says takes a bold approach to providing legal research, AI-driven analytics and practical guidance within a unified and fully integrated platform. The company is positioning this new service not as a successor to its current research platform, Lexis Advance, but rather as a higher-end alternative designed for users who want an all-in-one, end-to-end platform that incorporates the latest powerhouse...
ABA Clears Way For Syracuse Law School’s Expansion Of Its Online JDinteractive Program
July 18, 2020
The American Bar Association has granted Syracuse University College of Law permission to expand its innovative online law degree program. JDinteractive (JDi) is a fully interactive program that combines live online class sessions with self-paced class sessions, residential courses, and applied learning experiences. ... The College anticipates substantial demand for the JDi program in the coming year, especially as the COVID-19 pandemic has created uncertainty for prospective law students as to whether...
July 18, 2020
The American Bar Association has granted Syracuse University College of Law permission to expand its innovative online law degree program. JDinteractive (JDi) is a fully interactive program that combines live online class sessions with self-paced class sessions, residential courses, and applied learning experiences. ... The College anticipates substantial demand for the JDi program in the coming year, especially as the COVID-19 pandemic has created uncertainty for prospective law students as to whether...
The Biggest Bluff: What Poker Can Teach Us
July 17, 2020
In her new book, The Biggest Bluff, psychologist and journalist Maria Konnikova writes about her immersion into the world of high-stakes poker. Starting as a novice who knew nothing about the game, she eventually rose to become a world-class professional poker player. Yet, poker was never just about the cards or money for Konnikova, and neither is her book. Instead, she picked up poker as a means to explore human decision-making in an environment where every player has very little control.Wharton...
July 17, 2020
In her new book, The Biggest Bluff, psychologist and journalist Maria Konnikova writes about her immersion into the world of high-stakes poker. Starting as a novice who knew nothing about the game, she eventually rose to become a world-class professional poker player. Yet, poker was never just about the cards or money for Konnikova, and neither is her book. Instead, she picked up poker as a means to explore human decision-making in an environment where every player has very little control.Wharton...
The Effect of Attendance on Litigant Perceptions of Fairness
July 16, 2020
Litigant attendance at a dispute resolution process impacts their assessment of the fairness of that process, according to research conducted by Donna Shestowsky. The impact of litigant attendance differs for settlement and adjudicative procedures. As she notes in her article, “Great Expectations? Comparing Litigants’ Attitudes Before and After Using Legal Procedures” (Law and Human Behavior, June 2020) [sub. req.], this has implications for how lawyers shape their clients’ perceptions of individual...
July 16, 2020
Litigant attendance at a dispute resolution process impacts their assessment of the fairness of that process, according to research conducted by Donna Shestowsky. The impact of litigant attendance differs for settlement and adjudicative procedures. As she notes in her article, “Great Expectations? Comparing Litigants’ Attitudes Before and After Using Legal Procedures” (Law and Human Behavior, June 2020) [sub. req.], this has implications for how lawyers shape their clients’ perceptions of individual...
How to Make Your Own Luck
July 15, 2020
That’s Maria Konnikova. Her new book is called The Biggest Bluff: How I Learned to Pay Attention, Master Myself, and Win. It chronicles her journey from poker novice to poker professional. The Biggest Bluff is Konnikova’s third book. The others are called Mastermind: How to Think Like Sherlock Holmes and The Confidence Game, which is about con artists. If you think you’re detecting a theme in Konnikova’s writing — yes, there is a theme. She writes about psychology — in her books...
July 15, 2020
That’s Maria Konnikova. Her new book is called The Biggest Bluff: How I Learned to Pay Attention, Master Myself, and Win. It chronicles her journey from poker novice to poker professional. The Biggest Bluff is Konnikova’s third book. The others are called Mastermind: How to Think Like Sherlock Holmes and The Confidence Game, which is about con artists. If you think you’re detecting a theme in Konnikova’s writing — yes, there is a theme. She writes about psychology — in her books...
