Blog Archives
Project Gives Legal Research Providers Free Access to Nearly Half Million Posts
September 8, 2019
LexBlog is making it’s aggregated and curated database of legal blogs freely available to legal research providers (libraries, legal research companies/platforms, AI solutions) via an enhanced RSS feed. Providers will have open and free access to almost a half a million legal blog posts and an ongoing feed of posts from 1,400 blogs and 23,000 blog authors – and growing by the day. These blogs include both blogs published on the LexBlog platform as well as blogs published elsewhere. Inclusion...
September 8, 2019
LexBlog is making it’s aggregated and curated database of legal blogs freely available to legal research providers (libraries, legal research companies/platforms, AI solutions) via an enhanced RSS feed. Providers will have open and free access to almost a half a million legal blog posts and an ongoing feed of posts from 1,400 blogs and 23,000 blog authors – and growing by the day. These blogs include both blogs published on the LexBlog platform as well as blogs published elsewhere. Inclusion...
Companies Cannot Impose Arbitration by Stealth
September 7, 2019
U.S. District Judge William Orrick (ND CA) has just held that companies must still provide online customers with adequate notice of arbitration and other provisions. This is so in at least the Ninth Circuit after Nguyen v. Barnes & Noble(763 F.3d 1171 (Ninth Cir. Ct. of App.)). As reported by Reuters, it’s become standard operating procedure for companies to require online or mobile customers to agree to mandatory arbitration by clicking their assent to terms of service. But there’s...
September 7, 2019
U.S. District Judge William Orrick (ND CA) has just held that companies must still provide online customers with adequate notice of arbitration and other provisions. This is so in at least the Ninth Circuit after Nguyen v. Barnes & Noble(763 F.3d 1171 (Ninth Cir. Ct. of App.)). As reported by Reuters, it’s become standard operating procedure for companies to require online or mobile customers to agree to mandatory arbitration by clicking their assent to terms of service. But there’s...
Principles for a Judgement Editor Based on Binary Decision Diagrams
September 7, 2019
We introduce the theoretical principles that underlie the design of a software tool which could be used by judges for making decisions about litigations and for writing judgements. The tool is based on Binary Decision Diagrams (BDD), which are graphical representations of truth–valued functions associated to propositional formulas. Given a type of litigation, the tool asks questions to the judge; each question is represented by a propositional atom. Their answers, true or false, allow to evaluate...
September 7, 2019
We introduce the theoretical principles that underlie the design of a software tool which could be used by judges for making decisions about litigations and for writing judgements. The tool is based on Binary Decision Diagrams (BDD), which are graphical representations of truth–valued functions associated to propositional formulas. Given a type of litigation, the tool asks questions to the judge; each question is represented by a propositional atom. Their answers, true or false, allow to evaluate...
Elizabeth Hurley’s Son Prevails in Inheritance Fight
September 6, 2019
The son of British actress Elizabeth Hurley and American businessman Steve Bing has come out as the winner in a fight over his inheritance portion of his billionaire grandfather's trust. The trustee of the trust had petitioned a Los Angeles court to clarify the term "grandchild" in an attempt to disinherit any grandchildren that were born out of wedlock. The petition was spurred in part by a request for information on the trust by Steve’s other child, Kira Kerkorian Bing, who Steve shares with...
September 6, 2019
The son of British actress Elizabeth Hurley and American businessman Steve Bing has come out as the winner in a fight over his inheritance portion of his billionaire grandfather's trust. The trustee of the trust had petitioned a Los Angeles court to clarify the term "grandchild" in an attempt to disinherit any grandchildren that were born out of wedlock. The petition was spurred in part by a request for information on the trust by Steve’s other child, Kira Kerkorian Bing, who Steve shares with...
Still Seeking Injunctive Relief . . .
September 5, 2019
A long-litigated dispute about arbitrability reached its latest stage in Archer & White Sales, Inc. v. Henry Schein, Inc., on remand from the Supreme Court, in which the Fifth Circuit held: “The most natural reading of the arbitration clause at issue here states that any dispute, except actions seeking injunctive relief, shall be resolved in arbitration in accordance with the AAA rules. The plain language incorporates the AAA rules—and therefore delegates arbitrability—for all disputes...
September 5, 2019
A long-litigated dispute about arbitrability reached its latest stage in Archer & White Sales, Inc. v. Henry Schein, Inc., on remand from the Supreme Court, in which the Fifth Circuit held: “The most natural reading of the arbitration clause at issue here states that any dispute, except actions seeking injunctive relief, shall be resolved in arbitration in accordance with the AAA rules. The plain language incorporates the AAA rules—and therefore delegates arbitrability—for all disputes...
Fifth Circuit, on Remand from Supreme Court, Gives Guidance on Drafting Arbitration Clauses
September 4, 2019
Earlier this week, on remand from the Supreme Court, the Fifth Circuit issued its decision in Archer & White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. Aug. 14, 2019) (click here for a copy of the decision). The decision is a worthwhile read for anyone drafting a sophisticated arbitration clause, particularly if the arbitration clause contains carve-outs or exemptions. The Fifth Circuit issued a carefully-reasoned, thoughtful opinion exploring the language...
September 4, 2019
Earlier this week, on remand from the Supreme Court, the Fifth Circuit issued its decision in Archer & White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. Aug. 14, 2019) (click here for a copy of the decision). The decision is a worthwhile read for anyone drafting a sophisticated arbitration clause, particularly if the arbitration clause contains carve-outs or exemptions. The Fifth Circuit issued a carefully-reasoned, thoughtful opinion exploring the language...
The Magic of Empathy
September 3, 2019
“Using a tool I call seven words, participants learn how to: (1) establish a psychological connection through a conversation not related to the issue at hand (a step that may have to be repeated for a period of time before moving on to step two); (2) briefly introduce the fact that they have something important they wish to discuss; (3) speak something of a positive nature about the other party before diving into this topic to be discussed; (4) briefly introduce the topic of controversy by speaking...
September 3, 2019
“Using a tool I call seven words, participants learn how to: (1) establish a psychological connection through a conversation not related to the issue at hand (a step that may have to be repeated for a period of time before moving on to step two); (2) briefly introduce the fact that they have something important they wish to discuss; (3) speak something of a positive nature about the other party before diving into this topic to be discussed; (4) briefly introduce the topic of controversy by speaking...
It’s DONE: The Singapore Convention on Mediation
September 2, 2019
A total of 46 states signed the Convention on 7 August, 2019. They are listed here in order of signing.1. Singapore2. Afghanistan3. Belarus4. Benin5. Brunei6. Chile7. China8. Colombia9. Congo10. Democratic Republic of Congo11. Eswatini12. Fiji13. Georgia14. Grenada15. Haiti16. Honduras17. India18. Iran19. Israel20. Jamaica21. Jordan22. Kazakhstan23. Laos24. Malaysia25. Maldives26. Mauritius27. Montenegro28. Nigeria29. North Macedonia30. Palau31. Paraguay32. The Philippines33....
September 2, 2019
A total of 46 states signed the Convention on 7 August, 2019. They are listed here in order of signing.1. Singapore2. Afghanistan3. Belarus4. Benin5. Brunei6. Chile7. China8. Colombia9. Congo10. Democratic Republic of Congo11. Eswatini12. Fiji13. Georgia14. Grenada15. Haiti16. Honduras17. India18. Iran19. Israel20. Jamaica21. Jordan22. Kazakhstan23. Laos24. Malaysia25. Maldives26. Mauritius27. Montenegro28. Nigeria29. North Macedonia30. Palau31. Paraguay32. The Philippines33....
NY Times: More Private Colleges Cut Tuition As Discount Rate Hits All-Time High Of 52%
September 1, 2019
Following up on my previous post, Private College Tuition Discount Rate Hits All-Time High Of 52%: New York Times, More Private Colleges Are Cutting Tuition, but Don’t Expect to Pay Less: [A] small but rising number of mostly private liberal arts colleges ... are cutting their tuition prices. But what they’re actually doing is reducing their advertised rates, which only the wealthiest students usually pay. At the same time, the colleges are also reducing the heavy discounts...
September 1, 2019
Following up on my previous post, Private College Tuition Discount Rate Hits All-Time High Of 52%: New York Times, More Private Colleges Are Cutting Tuition, but Don’t Expect to Pay Less: [A] small but rising number of mostly private liberal arts colleges ... are cutting their tuition prices. But what they’re actually doing is reducing their advertised rates, which only the wealthiest students usually pay. At the same time, the colleges are also reducing the heavy discounts...
Movement on Federal Legislation for Autonomous Vehicles
August 31, 2019
Last year, the House passed legislation on autonomous vehicles, but a complementary bill died in the Senate. Given the lack of progress since then, industry leaders did not expect much to happen this year. In the past few weeks, however, a bipartisan group in both houses of Congress has held five meetings in an attempt to reach a deal. A new bill is reportedly being written. The Verge has the story.
August 31, 2019
Last year, the House passed legislation on autonomous vehicles, but a complementary bill died in the Senate. Given the lack of progress since then, industry leaders did not expect much to happen this year. In the past few weeks, however, a bipartisan group in both houses of Congress has held five meetings in an attempt to reach a deal. A new bill is reportedly being written. The Verge has the story.
