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Why and How Businesses Use Planned Early Dispute Resolution
March 29, 2016
This article reports the results of an empirical inquiry analyzing why some businesses adopt “planned early dispute resolution”...
March 29, 2016
This article reports the results of an empirical inquiry analyzing why some businesses adopt “planned early dispute resolution”...
Reflections on ABA TECHSHOW 2016 – Picture It Settled App In Good Company
March 29, 2016
On Saturday morning, I presented a session on recommended mobile apps along with Dallas attorney Tom Mighell (the author...
March 29, 2016
On Saturday morning, I presented a session on recommended mobile apps along with Dallas attorney Tom Mighell (the author...
Arbitration Provisions, Unconscionability, and Employment Contracts
March 28, 2016
We've looked at arbitration provisions and unconscionability before. In this recent case out of California, Yeotis v. Warner Pacific Insurance Services Inc., No. B245770, the agreement in question was found to be unconscionable in places, but that didn't doom the arbitration provision contained within it. There was an element of procedural unconscionability to the contract. The court concluded that the contract was an adhesion contract, because the plaintiff was required to sign it in order to keep...
March 28, 2016
We've looked at arbitration provisions and unconscionability before. In this recent case out of California, Yeotis v. Warner Pacific Insurance Services Inc., No. B245770, the agreement in question was found to be unconscionable in places, but that didn't doom the arbitration provision contained within it. There was an element of procedural unconscionability to the contract. The court concluded that the contract was an adhesion contract, because the plaintiff was required to sign it in order to keep...
Insights on Mediator Practices and Perceptions
March 28, 2016
Our understanding of what mediators do —and how, when, and why they do it — rests heavily on anecdote, the individual, personal experiences of mediators and other participants as expressed in their writings, speeches, teaching, or online discourse. Not having a broader vantage point limits our ability to appreciate how our evolving individual experiences compare to many others’ and how regional or national patterns may vary. In an effort to broaden our understanding of experienced mediators’ practices...
March 28, 2016
Our understanding of what mediators do —and how, when, and why they do it — rests heavily on anecdote, the individual, personal experiences of mediators and other participants as expressed in their writings, speeches, teaching, or online discourse. Not having a broader vantage point limits our ability to appreciate how our evolving individual experiences compare to many others’ and how regional or national patterns may vary. In an effort to broaden our understanding of experienced mediators’ practices...
Employment Lit Jumps in Oil Patch
March 28, 2016
Employment litigation in the oil patch is increasing as energy companies undergo layoffs and staffing reductions due to the commodities crisis. Thanks to data research by Androvett Legal Media, Texas Lawbook reporter Natalie Posgate discovered that the federal courts in the Southern and Western districts witnessed a record-setting number of complaints filed under the Fair Labor Standards Act last year. Experts say 2016 could shatter all records in Texas for lawsuits filed due to job reductions.
March 28, 2016
Employment litigation in the oil patch is increasing as energy companies undergo layoffs and staffing reductions due to the commodities crisis. Thanks to data research by Androvett Legal Media, Texas Lawbook reporter Natalie Posgate discovered that the federal courts in the Southern and Western districts witnessed a record-setting number of complaints filed under the Fair Labor Standards Act last year. Experts say 2016 could shatter all records in Texas for lawsuits filed due to job reductions.
Are Choosers Losers? The Propensity to Under-Delegate in the Face of Potential Gains and Losses
March 27, 2016
Human beings are often faced with a pervasive problem: whether to make their own decisions or to delegate decision tasks...
March 27, 2016
Human beings are often faced with a pervasive problem: whether to make their own decisions or to delegate decision tasks...
People Prefer System 2 Nudges (Kind Of)
March 27, 2016
In the United States, the United Kingdom, Australia, and many other nations, those involved in law and policy have been exploring choice-preserving approaches, or “nudges,” informed by behavioral science and with the purpose of promoting important public policy goals, such as improved health and safety. But there is a large and insufficiently explored difference between System 1 nudges, which target or benefit from automatic processing, and System 2 nudges, which target or benefit from deliberative...
March 27, 2016
In the United States, the United Kingdom, Australia, and many other nations, those involved in law and policy have been exploring choice-preserving approaches, or “nudges,” informed by behavioral science and with the purpose of promoting important public policy goals, such as improved health and safety. But there is a large and insufficiently explored difference between System 1 nudges, which target or benefit from automatic processing, and System 2 nudges, which target or benefit from deliberative...
Do People Like Nudges?
March 27, 2016
In recent years, there has been a great deal of debate about the ethical questions associated with “nudges,” understood as approaches that steer people in certain directions while maintaining their freedom of choice. Evidence about people’s views cannot resolve the ethical questions, but in democratic societies (and nondemocratic ones as well), those views will inevitably affect what public officials are willing to do. Existing evidence, including a nationally representative survey, supports...
March 27, 2016
In recent years, there has been a great deal of debate about the ethical questions associated with “nudges,” understood as approaches that steer people in certain directions while maintaining their freedom of choice. Evidence about people’s views cannot resolve the ethical questions, but in democratic societies (and nondemocratic ones as well), those views will inevitably affect what public officials are willing to do. Existing evidence, including a nationally representative survey, supports...
Towards a New Heuristic Model: Investment Arbitration as a Political System
March 26, 2016
In this introduction to the Special Issue "Empirical Studies on Investment Disputes", we offer a new heuristic model to structure the thinking about investment arbitration. Investment arbitration is presented here as a political system in a sense inspired by David Easton's landmark theory: it transforms the input of key actors (namely states, investors, arbitrators, and arbitration institutions) into output (namely arbitral awards taken in the aggregate), with feedback loops from output to input,...
March 26, 2016
In this introduction to the Special Issue "Empirical Studies on Investment Disputes", we offer a new heuristic model to structure the thinking about investment arbitration. Investment arbitration is presented here as a political system in a sense inspired by David Easton's landmark theory: it transforms the input of key actors (namely states, investors, arbitrators, and arbitration institutions) into output (namely arbitral awards taken in the aggregate), with feedback loops from output to input,...
Verizon Starts Testing 5G Wireless in the Field
March 26, 2016
At last, 5G cellular data is leaving the lab. Verizon and Samsung have started testing the multi-gigabit wireless access in "real-world" conditions around Verizon's HQ, including indoors and in moving vehicles. The experience isn't the same as what you'd get on a phone -- this involves specialized equipment just a short hop away from a base station -- but the early results are promising. There's enough bandwidth to comfortably stream 4K video, including VR clips that require 17 simultaneous feeds....
March 26, 2016
At last, 5G cellular data is leaving the lab. Verizon and Samsung have started testing the multi-gigabit wireless access in "real-world" conditions around Verizon's HQ, including indoors and in moving vehicles. The experience isn't the same as what you'd get on a phone -- this involves specialized equipment just a short hop away from a base station -- but the early results are promising. There's enough bandwidth to comfortably stream 4K video, including VR clips that require 17 simultaneous feeds....
