Blog Archives
Despite slow start to in-person trials, civil district courts are getting work done
June 17, 2021
SAN ANTONIO – In-person hearings and jury trials have resumed after the COVID-19 pandemic brought them to a halt but the civil district court side of the justice system is seeing many cases being settled without needing a jury. Since reopening on June 1, nine cases have been settled before jury selection. “All last week judges were assigned and ready to preside over in-person jury trials, and then they settled,” 45th Civil District Judge Mary Lou Alvarez said. “And that’s fine,...
June 17, 2021
SAN ANTONIO – In-person hearings and jury trials have resumed after the COVID-19 pandemic brought them to a halt but the civil district court side of the justice system is seeing many cases being settled without needing a jury. Since reopening on June 1, nine cases have been settled before jury selection. “All last week judges were assigned and ready to preside over in-person jury trials, and then they settled,” 45th Civil District Judge Mary Lou Alvarez said. “And that’s fine,...
Affirming the District Judge: An Empirical Analysis of the Effect of District Judges Sitting by Designation on Circuit Court Panels
June 1, 2021
Ten of the 12 U.S. courts of appeals regularly invite district court judges to take part in appellate decisions. This practice, known as “sitting by designation,” has received mixed reviews from judges and scholars. Some argue that the practice undermines democratic legitimacy and collegiality on the courts of appeals. Others contend that district court judges sitting by designation have little effect on the process because they are deferential—perhaps far too deferential—toward their circuit...
June 1, 2021
Ten of the 12 U.S. courts of appeals regularly invite district court judges to take part in appellate decisions. This practice, known as “sitting by designation,” has received mixed reviews from judges and scholars. Some argue that the practice undermines democratic legitimacy and collegiality on the courts of appeals. Others contend that district court judges sitting by designation have little effect on the process because they are deferential—perhaps far too deferential—toward their circuit...
Less is More Despite Loss Aversion!
May 28, 2021
In 1979, Daniel Kahneman and Amos Tversky, in creating their Prospect Theory, developed the important cognitive bias concept of loss aversion. It is summed up in the saying “losses loom larger than gains.” That is, people are more willing to take risks to avoid a loss than to make a gain. In fact, they may work twice as hard to avoid the loss than they would to acquire the gain. (Loss Aversion, behavioraleconomics.com) This cognitive bias came to mind when I read an article...
May 28, 2021
In 1979, Daniel Kahneman and Amos Tversky, in creating their Prospect Theory, developed the important cognitive bias concept of loss aversion. It is summed up in the saying “losses loom larger than gains.” That is, people are more willing to take risks to avoid a loss than to make a gain. In fact, they may work twice as hard to avoid the loss than they would to acquire the gain. (Loss Aversion, behavioraleconomics.com) This cognitive bias came to mind when I read an article...
Unintended Consequences of Global Pandemic: Benefits and Downfalls of Zoom MediationsBeingBeing
May 27, 2021
Being in the legal profession for going on forty years now, I thought I had seen it all in my civil litigation practice. I have picked three juries in a week, and I have picked three juries in a half-decade.I have gone through workers compensation reform, tort reform, court reform, and just about any other reform imaginable, but one part of my practice had gone largely unchanged since I first started performing them in 1989: MEDIATIONS. Below are the three biggest benefits of Zoom (virtual) mediations. Benefit...
May 27, 2021
Being in the legal profession for going on forty years now, I thought I had seen it all in my civil litigation practice. I have picked three juries in a week, and I have picked three juries in a half-decade.I have gone through workers compensation reform, tort reform, court reform, and just about any other reform imaginable, but one part of my practice had gone largely unchanged since I first started performing them in 1989: MEDIATIONS. Below are the three biggest benefits of Zoom (virtual) mediations. Benefit...
A Year of Zoom Mediations by Dwight Golann
May 26, 2021
Here are some highlights, though it’s worth reading the full article, which is pretty short. People often feel as connected and friendly as in person and sometimes even more so on Zoom. I was particularly intrigued to read that parties often were more active than in person, perhaps related to the fact that everyone has an equal box on the Zoom checkerboard. People often improved their behavior, increasing self-awareness after seeing themselves on the video – and not always liking what...
May 26, 2021
Here are some highlights, though it’s worth reading the full article, which is pretty short. People often feel as connected and friendly as in person and sometimes even more so on Zoom. I was particularly intrigued to read that parties often were more active than in person, perhaps related to the fact that everyone has an equal box on the Zoom checkerboard. People often improved their behavior, increasing self-awareness after seeing themselves on the video – and not always liking what...
Legal Theory Bookworm: “Noise” by Kahneman, Sibony, & Sunstein
May 25, 2021
The Legal Theory Bookworm recommends Noise: A Flaw in Human Judgment by Daniel Kahneman, Olivier Sibony, & Cass R. Sunstein. And from the reviews: "In Noise, the authors brilliantly apply their unique and novel insights into the flaws in human judgment to every sphere of human endeavor: from moneyball coaches to central bankers to military commanders to heads of state. Noise is a masterful achievement and a landmark in the field of psychology."―Philip E. Tetlock,...
May 25, 2021
The Legal Theory Bookworm recommends Noise: A Flaw in Human Judgment by Daniel Kahneman, Olivier Sibony, & Cass R. Sunstein. And from the reviews: "In Noise, the authors brilliantly apply their unique and novel insights into the flaws in human judgment to every sphere of human endeavor: from moneyball coaches to central bankers to military commanders to heads of state. Noise is a masterful achievement and a landmark in the field of psychology."―Philip E. Tetlock,...
Survey: 92% Of Firms Say They Were Prepared For Full-Scale Remote Work
May 24, 2021
Ninety-two percent of law firms worldwide say they were completely or somewhat prepared for full-scale remote work at the pandemic’s onset, a survey released this morning finds. Even so, most firms plan to increase their budgets for technology and process software and adopt more cloud-based technologies, the survey reports. Published for the fourth consecutive year by Aderant, a global provider of business management software for law firms, the Business of Law and Legal Technology Survey was...
May 24, 2021
Ninety-two percent of law firms worldwide say they were completely or somewhat prepared for full-scale remote work at the pandemic’s onset, a survey released this morning finds. Even so, most firms plan to increase their budgets for technology and process software and adopt more cloud-based technologies, the survey reports. Published for the fourth consecutive year by Aderant, a global provider of business management software for law firms, the Business of Law and Legal Technology Survey was...
A Hybrid Future: New Survey Shows What Areas of Virtual Life Are Here to Stay
May 22, 2021
Overall, a large majority of those surveyed say that even after COVID-19 concerns subside, they will continue to use video communications for many aspects of their lives. Here are some of the key learnings: About two-thirds of those who used video for business want a mix of virtual and in-person business environments in the future, citing better work-life balance and added flexibility.While half of those who said they used video for healthcare or telehealth appointments want...
May 22, 2021
Overall, a large majority of those surveyed say that even after COVID-19 concerns subside, they will continue to use video communications for many aspects of their lives. Here are some of the key learnings: About two-thirds of those who used video for business want a mix of virtual and in-person business environments in the future, citing better work-life balance and added flexibility.While half of those who said they used video for healthcare or telehealth appointments want...
Daniel Kahneman on Why Our Judgment is Flawed — and What to Do About It
May 21, 2021
Nobel laureate, best-selling author, and groundbreaking psychologist Daniel Kahneman is also a friend and former business partner of Steve’s. In discussing Danny’s new book Noise: A Flaw in Human Judgment, the two spar over inconsistencies in criminal sentencing and Danny tells Steve that “Your attitude is unusual” — no surprise there. Listen and follow on Apple Podcasts, Stitcher, Spotify, or wherever you get your podcasts.
May 21, 2021
Nobel laureate, best-selling author, and groundbreaking psychologist Daniel Kahneman is also a friend and former business partner of Steve’s. In discussing Danny’s new book Noise: A Flaw in Human Judgment, the two spar over inconsistencies in criminal sentencing and Danny tells Steve that “Your attitude is unusual” — no surprise there. Listen and follow on Apple Podcasts, Stitcher, Spotify, or wherever you get your podcasts.
Survey of Early Dispute Resolution Movements and Possible Next Steps
May 20, 2021
This article surveys a set of early dispute resolution (EDR) movements in the courts and private dispute resolution that share common values but operate in different contexts. These movements promote the intentional exercise of responsibility for handling legal disputes from the outset of cases as opposed to passively allowing them to run their course, often out of inertia or habit. The movements include judges, court administrators, lawyers, and neutrals, and they deal with a wide range of civil...
May 20, 2021
This article surveys a set of early dispute resolution (EDR) movements in the courts and private dispute resolution that share common values but operate in different contexts. These movements promote the intentional exercise of responsibility for handling legal disputes from the outset of cases as opposed to passively allowing them to run their course, often out of inertia or habit. The movements include judges, court administrators, lawyers, and neutrals, and they deal with a wide range of civil...
