Blog Archives
Why?
May 4, 2020
Turning to biology, the author explains that often the “WHY” is nothing more than a gut feeling because it is the limbic brain that controls all of our feelings and decision making but does not control language. It is this for this reason that we cannot put our “gut feelings” into words, we just “know” it to be true. (Id. at 86.) We have a very difficult time explaining why we “know” a certain decision to be right, we just know it! In contrast, the WHAT and the HOW are based in the neocortex...
May 4, 2020
Turning to biology, the author explains that often the “WHY” is nothing more than a gut feeling because it is the limbic brain that controls all of our feelings and decision making but does not control language. It is this for this reason that we cannot put our “gut feelings” into words, we just “know” it to be true. (Id. at 86.) We have a very difficult time explaining why we “know” a certain decision to be right, we just know it! In contrast, the WHAT and the HOW are based in the neocortex...
Here’s How Long-Distance Runners Are Different From The Rest Of Us
May 3, 2020
The results suggest that ultrarunners are pretty similar to the rest of us — with some important differences. While it’s clear that ultrarunners are indeed more resilient than non-runners, and use different emotion regulation strategies, the direction of those relationships is not yet clear. It could be that training for ultramarathons makes people more resilient, or, on the other hand, it could be that people with higher levels of resilience are more likely to be attracted to the pastime. It...
May 3, 2020
The results suggest that ultrarunners are pretty similar to the rest of us — with some important differences. While it’s clear that ultrarunners are indeed more resilient than non-runners, and use different emotion regulation strategies, the direction of those relationships is not yet clear. It could be that training for ultramarathons makes people more resilient, or, on the other hand, it could be that people with higher levels of resilience are more likely to be attracted to the pastime. It...
In Key Ruling for Public Access, SCOTUS Says No Copyright In Georgia Code Annotations
May 2, 2020
In a watershed ruling for public access to primary legal materials, the Supreme Court today held that the state of Georgia cannot claim a copyright in the annotations contained in its official legislative code. The opinion in Georgia v. Public.Resource.Org, Inc. is a victory for Carl Malamud and his organization Public.Resource.Org, which had published Georgia’s official statutes as part of its larger effort to make all primary legal materials freely available to the public. But...
May 2, 2020
In a watershed ruling for public access to primary legal materials, the Supreme Court today held that the state of Georgia cannot claim a copyright in the annotations contained in its official legislative code. The opinion in Georgia v. Public.Resource.Org, Inc. is a victory for Carl Malamud and his organization Public.Resource.Org, which had published Georgia’s official statutes as part of its larger effort to make all primary legal materials freely available to the public. But...
Richard Susskind: Remote Courts Worldwide
May 1, 2020
As the coronavirus pandemic spreads and courts around the world are closing, this website is designed to help the global community of justice workers - judges, lawyers, court officials, litigants, court technologists - to share their experiences of 'remote' alternatives to traditional court hearings. To ensure ongoing access to justice, governments and judiciaries are rapidly introducing various forms of 'remote court' - audio hearings (largely by telephone), video hearings (for example, by Skype...
May 1, 2020
As the coronavirus pandemic spreads and courts around the world are closing, this website is designed to help the global community of justice workers - judges, lawyers, court officials, litigants, court technologists - to share their experiences of 'remote' alternatives to traditional court hearings. To ensure ongoing access to justice, governments and judiciaries are rapidly introducing various forms of 'remote court' - audio hearings (largely by telephone), video hearings (for example, by Skype...
Transitions from Infinite to Finite Games as Critical Moments
April 30, 2020
This theory article argues that negotiation is often played as a finite game that consists of a known number of players using an agreed‐upon set of rules (when parties are bargaining in good faith) aimed at achieving a specific outcome. However, activities and events leading up to negotiation can be viewed as an infinite game that has no fixed entities such as personnel, rules, and outcomes. Thus, a critical moment occurs when parties agree to make the transition from some infinite game, like...
April 30, 2020
This theory article argues that negotiation is often played as a finite game that consists of a known number of players using an agreed‐upon set of rules (when parties are bargaining in good faith) aimed at achieving a specific outcome. However, activities and events leading up to negotiation can be viewed as an infinite game that has no fixed entities such as personnel, rules, and outcomes. Thus, a critical moment occurs when parties agree to make the transition from some infinite game, like...
Left Digit Bias!
April 29, 2020
Readers of my blog probably realize by now that one of my favorite topics is cognitive biases which “…refer to a range of systematic errors in human decision- making from the tendency to use mental shortcuts. ( “How Common Mental Shortcuts Can Cause Major Physician Errors” by Anupam B. Jena and Andrew R. Olenski, New York Times, February 20, 2020). As the article notes, merchandisers take advantage of this bias by offering products for “$4.99” rather than “$5.00.”....
April 29, 2020
Readers of my blog probably realize by now that one of my favorite topics is cognitive biases which “…refer to a range of systematic errors in human decision- making from the tendency to use mental shortcuts. ( “How Common Mental Shortcuts Can Cause Major Physician Errors” by Anupam B. Jena and Andrew R. Olenski, New York Times, February 20, 2020). As the article notes, merchandisers take advantage of this bias by offering products for “$4.99” rather than “$5.00.”....
Beyond Abstinence: The Need for Safe, Impartial Evaluation in Mediation
April 28, 2020
The field of mediation has schizophrenic views about evaluation. Many academics and trainers argue that it is improper, but lawyers consistently say they value mediators’ opinions. This article argues that evaluation in a broad sense is essential to a mediator’s role, and that the real issue is not whether mediators should evaluate, but when and how to do so. Mediators, it suggests, handle evaluations in three ways: expressing them directly, suggesting them implicitly or “leakily,” or keeping...
April 28, 2020
The field of mediation has schizophrenic views about evaluation. Many academics and trainers argue that it is improper, but lawyers consistently say they value mediators’ opinions. This article argues that evaluation in a broad sense is essential to a mediator’s role, and that the real issue is not whether mediators should evaluate, but when and how to do so. Mediators, it suggests, handle evaluations in three ways: expressing them directly, suggesting them implicitly or “leakily,” or keeping...
Having Too Much Information Can Lead Us To Make Worse Decisions
April 27, 2020
Ensuring you’re well-informed before making a choice is, on the whole, a sensible thing to do. This is especially true of big decisions — just pretending you’ve read the terms and conditions of a new website might be okay, but we’re unlikely to be so lax about our health or finances. But could too much information lead us to make worse, not better, decisions? A study published in Cognitive Research: Principles and Implications suggests that sometimes that might be the case. Min...
April 27, 2020
Ensuring you’re well-informed before making a choice is, on the whole, a sensible thing to do. This is especially true of big decisions — just pretending you’ve read the terms and conditions of a new website might be okay, but we’re unlikely to be so lax about our health or finances. But could too much information lead us to make worse, not better, decisions? A study published in Cognitive Research: Principles and Implications suggests that sometimes that might be the case. Min...
The Reason Zoom Calls Drain Your Energy
April 26, 2020
Being on a video call requires more focus than a face-to-face chat, says Petriglieri. Video chats mean we need to work harder to process non-verbal cues like facial expressions, the tone and pitch of the voice, and body language; paying more attention to these consumes a lot of energy. “Our minds are together when our bodies feel we're not. That dissonance, which causes people to have conflicting feelings, is exhausting. You cannot relax into the conversation naturally,” he says.
April 26, 2020
Being on a video call requires more focus than a face-to-face chat, says Petriglieri. Video chats mean we need to work harder to process non-verbal cues like facial expressions, the tone and pitch of the voice, and body language; paying more attention to these consumes a lot of energy. “Our minds are together when our bodies feel we're not. That dissonance, which causes people to have conflicting feelings, is exhausting. You cannot relax into the conversation naturally,” he says.
INSIGHT: Best Practices for Conducting Remote Arbitration Hearings
April 25, 2020
Two King & Spalding attorneys were one week into a two-week arbitration hearing when New York City shut down due to the coronavirus pandemic. They learned valuable lessons from continuing the hearing via video and share their experience and some tips. Technology Considerations Zoom vs. Alternatives: Zoom, a highly-popular video conference platform, is an inexpensive and effective means of conducting virtual hearings. It allows many individuals to participate, and the arbitral tribunal...
April 25, 2020
Two King & Spalding attorneys were one week into a two-week arbitration hearing when New York City shut down due to the coronavirus pandemic. They learned valuable lessons from continuing the hearing via video and share their experience and some tips. Technology Considerations Zoom vs. Alternatives: Zoom, a highly-popular video conference platform, is an inexpensive and effective means of conducting virtual hearings. It allows many individuals to participate, and the arbitral tribunal...
