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Alternative Dispute Resolution pioneer Frank G. Evans III dies at 91
December 1, 2019
Frank G. Evans III, a former chief justice of the 1st Court of Appeals in Houston and often called the “father of alternative dispute resolution,” died November 9, 2019, in Bastrop. Evans served as a justice on the 1st Court of Appeals in Houston from 1973 to 1980 and served as chief justice from 1980 to 1990. During his career, Evans pioneered successful alternative dispute resolution, or ADR, programs in 15 Texas communities. He developed the first appellate settlement conference...
December 1, 2019
Frank G. Evans III, a former chief justice of the 1st Court of Appeals in Houston and often called the “father of alternative dispute resolution,” died November 9, 2019, in Bastrop. Evans served as a justice on the 1st Court of Appeals in Houston from 1973 to 1980 and served as chief justice from 1980 to 1990. During his career, Evans pioneered successful alternative dispute resolution, or ADR, programs in 15 Texas communities. He developed the first appellate settlement conference...
The Single Reason Why People Can’t Write, According to a Harvard Psychologist
November 30, 2019
Here's the subtitle: "This common affliction is behind so much unclear and confusing writing in the world today." That's better. Excerpts: "For Pinker, the root cause of so much bad writing is what he calls "the Curse of Knowledge", which he defines as "a difficulty in imagining what it is like for someone else not to know something that you know. The curse of knowledge is the single best explanation I know of why good people write bad prose." The solution: "How can we lift...
November 30, 2019
Here's the subtitle: "This common affliction is behind so much unclear and confusing writing in the world today." That's better. Excerpts: "For Pinker, the root cause of so much bad writing is what he calls "the Curse of Knowledge", which he defines as "a difficulty in imagining what it is like for someone else not to know something that you know. The curse of knowledge is the single best explanation I know of why good people write bad prose." The solution: "How can we lift...
Madonna Sued for Late Concert Start
November 29, 2019
"There's something that you all need to understand," Madonna said during her Las Vegas concert, "and that is, that a queen is never late." Maybe so, but concertgoer Nate Hollander is suing her and concert promoter Live Nation for breach of contract. Hollander claims that first announcing the concert start time to be 7.30 p.m. and then changing it to 10.30 is a breach of contract. No refund has been offered, he alleges, and attempts to resell the tickets will not make up for the money...
November 29, 2019
"There's something that you all need to understand," Madonna said during her Las Vegas concert, "and that is, that a queen is never late." Maybe so, but concertgoer Nate Hollander is suing her and concert promoter Live Nation for breach of contract. Hollander claims that first announcing the concert start time to be 7.30 p.m. and then changing it to 10.30 is a breach of contract. No refund has been offered, he alleges, and attempts to resell the tickets will not make up for the money...
Cognitive Biases: Urine Tests, Legal Education Neuromyths, and Lawyers
November 28, 2019
There has been a lot published on cognitive biases, legal education, and lawyers over the last couple of months. I decided to write a short article summarizing this material:Cognitive Biases: Urine Tests, Legal Education Neuromyths, and Lawyers. "Over the past few years, I have been studying cognitive biases, and now I see them everywhere. They are pervasive in both our public and private lives. They affect how we see politics, do our jobs, and relate to others. Understanding cognitive...
November 28, 2019
There has been a lot published on cognitive biases, legal education, and lawyers over the last couple of months. I decided to write a short article summarizing this material:Cognitive Biases: Urine Tests, Legal Education Neuromyths, and Lawyers. "Over the past few years, I have been studying cognitive biases, and now I see them everywhere. They are pervasive in both our public and private lives. They affect how we see politics, do our jobs, and relate to others. Understanding cognitive...
Article on What Probate Courts Cite: Lessons from the New York County Surrogate’s Court 2017-2018
November 27, 2019
Bridget J. Crawford recently published an Article entitled, What Probate Courts Cite: Lessons from the New York County Surrogate's Court 2017-2018, Wills, Trusts, & Estates Law eJournal (2019). Provided below is an abstract of the Article. By knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation...
November 27, 2019
Bridget J. Crawford recently published an Article entitled, What Probate Courts Cite: Lessons from the New York County Surrogate's Court 2017-2018, Wills, Trusts, & Estates Law eJournal (2019). Provided below is an abstract of the Article. By knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation...
Delegation Agreements, Separability, Schein II, and the October 2019 Edition of CPR Alternatives
November 26, 2019
There have been a number of important cases decided in 2019 concerning the application and effect of “delegation provisions”—clear and unmistakable agreements to arbitrate arbitrability issues. Delegation provisions, which we’ll refer to as “delegation agreements,” are not a recent phenomenon, and are quite common, especially in administered arbitration, where consent to applicable arbitration rules typically includes clear and unmistakable consent to arbitrate arbitrability. But there’s...
November 26, 2019
There have been a number of important cases decided in 2019 concerning the application and effect of “delegation provisions”—clear and unmistakable agreements to arbitrate arbitrability issues. Delegation provisions, which we’ll refer to as “delegation agreements,” are not a recent phenomenon, and are quite common, especially in administered arbitration, where consent to applicable arbitration rules typically includes clear and unmistakable consent to arbitrate arbitrability. But there’s...
Is Manifest Disregard Alive and Well in the Second Circuit?: A Remand to Find Out
November 25, 2019
In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to vacate that award on grounds that the arbitrator manifestly disregarded the law. See Weiss v. Sallie Mae, Inc., Dkt. No. 18-2362, Slip Op. (2d Cir. Sept. 12, 2019). While Weiss appears at first blush to be a pro-arbitration decision, closer examination reveals it is less...
November 25, 2019
In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to vacate that award on grounds that the arbitrator manifestly disregarded the law. See Weiss v. Sallie Mae, Inc., Dkt. No. 18-2362, Slip Op. (2d Cir. Sept. 12, 2019). While Weiss appears at first blush to be a pro-arbitration decision, closer examination reveals it is less...
Cars Singer Ric Ocasek Cuts Supermodel Wife Paulina Porizkova Out of Will
November 24, 2019
Cars' front man Ric Ocasek, 75, passed away in September while recovering from a recent surgery and was found by his estranged...
November 24, 2019
Cars' front man Ric Ocasek, 75, passed away in September while recovering from a recent surgery and was found by his estranged...
Law Students, Comedians, And Mental Health
November 23, 2019
Last night, Pepperdine Caruso School of Law hosted the first public screening of Laughing Matters, a documentary about comedians and mental health by Soul Pancake, the production company of actor/comedian Rainn Wilson (Dwight Schrute on NBC's The Office). In light of the shocking statistics on the mental health of college students (pages 13-16) and graduate and professional students (pages 13-16), Pepperdine President Jim Gash has made student mental health and well-being one of his three...
November 23, 2019
Last night, Pepperdine Caruso School of Law hosted the first public screening of Laughing Matters, a documentary about comedians and mental health by Soul Pancake, the production company of actor/comedian Rainn Wilson (Dwight Schrute on NBC's The Office). In light of the shocking statistics on the mental health of college students (pages 13-16) and graduate and professional students (pages 13-16), Pepperdine President Jim Gash has made student mental health and well-being one of his three...
The U.S. Law of Arbitration: From 1925 to 2019
November 22, 2019
The progression of arbitration law in the American legal system has been steadfast. Despite a few uneasy rulings, the U.S. Supreme Court (“SCOTUS” or “the Court”) has provided resolute support for arbitration and proclaimed the legitimacy of its enhanced adjudicatory role. The few rulings that strayed from the contemporary judicial evaluation of arbitration1) eventually were reconsidered and their impact on the law significantly lessened or entirely redefined. For example, the Rodriguez Court...
November 22, 2019
The progression of arbitration law in the American legal system has been steadfast. Despite a few uneasy rulings, the U.S. Supreme Court (“SCOTUS” or “the Court”) has provided resolute support for arbitration and proclaimed the legitimacy of its enhanced adjudicatory role. The few rulings that strayed from the contemporary judicial evaluation of arbitration1) eventually were reconsidered and their impact on the law significantly lessened or entirely redefined. For example, the Rodriguez Court...
