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How Social Media Savvy Can Help You Investigate Claims
June 26, 2015
Utilizing social media content in the context of investigating claims and claimants is entirely dependent on locating and reviewing...
June 26, 2015
Utilizing social media content in the context of investigating claims and claimants is entirely dependent on locating and reviewing...
Empirical Legal Studies at Harvard Law
June 26, 2015
While I never quite know what to make of "in-house" promotional publications, the current issue of the Harvard Law School alumni magazine (Spring 2015) includes an interesting piece on The New Empiricists at HLS. In an introductory note, Dean Martha Minow notes that HLS is "increasing" its "investment in empirical research." The small cadre on the HLS faculty engaged in empirical research includes Jim Greiner whose work includes interesting efforts to randomize field experiments (previously discussed...
June 26, 2015
While I never quite know what to make of "in-house" promotional publications, the current issue of the Harvard Law School alumni magazine (Spring 2015) includes an interesting piece on The New Empiricists at HLS. In an introductory note, Dean Martha Minow notes that HLS is "increasing" its "investment in empirical research." The small cadre on the HLS faculty engaged in empirical research includes Jim Greiner whose work includes interesting efforts to randomize field experiments (previously discussed...
In Patent Case, Court Indicates Importance of Damages Disclosures to Proportionality Calculation
June 26, 2015
Corning Optical Commc’ns Wireless Ltd. v. Solid, Inc., No. 5:14-cv-03750-PSG, 2015 WL 1726749 (N.D. Cal. Apr. 14, 2015) In...
June 26, 2015
Corning Optical Commc’ns Wireless Ltd. v. Solid, Inc., No. 5:14-cv-03750-PSG, 2015 WL 1726749 (N.D. Cal. Apr. 14, 2015) In...
Bankruptcy Judges May Decide Related Issues With Parties’ Consent
June 25, 2015
Federal bankruptcy judges may decide related state law claims outside their constitutional authority if the parties consent, the U.S. Supreme Court has ruled in a 6-3 decision. The decision (PDF) on Tuesday limits the reach of the 2011 decision Stern v. Marshall, which held that bankruptcy judges, who have no Article III protections, have no constitutional authority to decide a related common law tort claim that does not stem from the bankruptcy itself. That case involved the late Anna Nicole...
June 25, 2015
Federal bankruptcy judges may decide related state law claims outside their constitutional authority if the parties consent, the U.S. Supreme Court has ruled in a 6-3 decision. The decision (PDF) on Tuesday limits the reach of the 2011 decision Stern v. Marshall, which held that bankruptcy judges, who have no Article III protections, have no constitutional authority to decide a related common law tort claim that does not stem from the bankruptcy itself. That case involved the late Anna Nicole...
Social Networks and Personal Bankruptcy
June 25, 2015
This article examines the role of social networks in a household's bankruptcy decision. Social networks may affect a household's bankruptcy decision in many ways: they could provide information about the required paperwork, recommend an attorney, reduce the stigma associated with bankruptcy, or increase awareness of its benefits. Using data from the Panel Study of Income Dynamics (PSID), I exploit county and racial variation to identify network effects. My empirical strategy asks whether being surrounded...
June 25, 2015
This article examines the role of social networks in a household's bankruptcy decision. Social networks may affect a household's bankruptcy decision in many ways: they could provide information about the required paperwork, recommend an attorney, reduce the stigma associated with bankruptcy, or increase awareness of its benefits. Using data from the Panel Study of Income Dynamics (PSID), I exploit county and racial variation to identify network effects. My empirical strategy asks whether being surrounded...
Multidistrict Centralization: An Empirical Examination
June 25, 2015
Following the judiciary's experience with aggregate litigation in the 1960s, Congress established a procedure for the transfer...
June 25, 2015
Following the judiciary's experience with aggregate litigation in the 1960s, Congress established a procedure for the transfer...
Be Confident, Not Arrogant: How Not to Cross That Thin Dividing Line
June 24, 2015
Whether an associate at a private firm, junior in-house counsel, or a fledgling prosecutor, it is difficult to navigate the field between confidence and arrogance. And indeed, the border between the two is quite thin. While applicable generally, navigating this line is especially tricky for lawyers, particularly litigators, who are supposed to be assertive and zealously represent the interests of their client. That being said, understanding the difference between confidence and arrogance is critical...
June 24, 2015
Whether an associate at a private firm, junior in-house counsel, or a fledgling prosecutor, it is difficult to navigate the field between confidence and arrogance. And indeed, the border between the two is quite thin. While applicable generally, navigating this line is especially tricky for lawyers, particularly litigators, who are supposed to be assertive and zealously represent the interests of their client. That being said, understanding the difference between confidence and arrogance is critical...
Delaware Enacts New Rapid Arbitration Act
June 24, 2015
The Delaware Rapid Arbitration Act (DRAA)—which provides a streamlined arbitration process that will allow for prompt, cost-effective resolution of business disputes—was passed by the Delaware House of Representatives on March 19, 2015, and the Delaware Senate on March 31, 2015, and was signed by Governor Jack Markell on April 3, 2015. The DRAA will become effective on May 4, 2015, and will be codified as new Chapter 58 of Title 10 of the Delaware Code. As summarized in more detail below, the DRAA...
June 24, 2015
The Delaware Rapid Arbitration Act (DRAA)—which provides a streamlined arbitration process that will allow for prompt, cost-effective resolution of business disputes—was passed by the Delaware House of Representatives on March 19, 2015, and the Delaware Senate on March 31, 2015, and was signed by Governor Jack Markell on April 3, 2015. The DRAA will become effective on May 4, 2015, and will be codified as new Chapter 58 of Title 10 of the Delaware Code. As summarized in more detail below, the DRAA...
The Practitioner’s Guide to the Delaware Rapid Arbitration Act
June 24, 2015
In April 2015, Delaware Governor Jack Markell signed into law one of the most highly specialized arbitration statutes ever passed: the Delaware Rapid Arbitration Act (hereafter the “Act” or the “DRAA”). The Act, a response to the request by Delaware’s corporate citizenry for a modern and useful arbitration statute, is the work of an interdisciplinary team of arbitration practitioners from Delaware, New York, Washington and abroad, led by Delaware’s Chief Justice Leo E. Strine, Jr.,...
June 24, 2015
In April 2015, Delaware Governor Jack Markell signed into law one of the most highly specialized arbitration statutes ever passed: the Delaware Rapid Arbitration Act (hereafter the “Act” or the “DRAA”). The Act, a response to the request by Delaware’s corporate citizenry for a modern and useful arbitration statute, is the work of an interdisciplinary team of arbitration practitioners from Delaware, New York, Washington and abroad, led by Delaware’s Chief Justice Leo E. Strine, Jr.,...
The Art of Writing a Persuasive Fact Section
June 23, 2015
Young lawyers spend much of their time researching statutes and case law to develop legal arguments about legislative intent, public policy, or the plain language in a statute. We draft carefully cited arguments on developing legal doctrines. We distinguish the other side’s cases. This work is important—critical for any decent brief—but as young lawyers we may be undervaluing the importance of the fact section. By and large, the judge will be familiar with the law. But the fact section is unique...
June 23, 2015
Young lawyers spend much of their time researching statutes and case law to develop legal arguments about legislative intent, public policy, or the plain language in a statute. We draft carefully cited arguments on developing legal doctrines. We distinguish the other side’s cases. This work is important—critical for any decent brief—but as young lawyers we may be undervaluing the importance of the fact section. By and large, the judge will be familiar with the law. But the fact section is unique...
