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Legal Data Analytics in Insurance Litigation
June 29, 2019
The rapidly growing area of legal data analytics provides insurers and their counsel with powerful technology to use when handling litigated claims. Legal data analytics provides unequaled insight into the behavior of courts, judges and counsel in litigated insurance cases. Analyzing data from actual cases allows insurers and their counsel improved understanding of how insurance cases are actually decided, how long cases last, and what litigation strategies have been successful. With...
June 29, 2019
The rapidly growing area of legal data analytics provides insurers and their counsel with powerful technology to use when handling litigated claims. Legal data analytics provides unequaled insight into the behavior of courts, judges and counsel in litigated insurance cases. Analyzing data from actual cases allows insurers and their counsel improved understanding of how insurance cases are actually decided, how long cases last, and what litigation strategies have been successful. With...
Legal Theory Lexicon: The Prisoners’ Dilemma
June 28, 2019
One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic...
June 28, 2019
One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic...
People’s Sense Of Control Over Their Actions Is Reduced At A Fundamental Level When They’re Angry Or Afraid
June 27, 2019
These results suggest that the participants had a reduced sense of agency over their button-pressing when they felt fear and anger. This provides some of the first evidence that going through extreme negative emotions can in fact make people feel less in control, as has often been assumed. And the fact that this effect was found using an implicit measure of agency, rather than by simply asking participants whether they felt in control, suggests that it may be happening at a fairly fundamental level. But...
June 27, 2019
These results suggest that the participants had a reduced sense of agency over their button-pressing when they felt fear and anger. This provides some of the first evidence that going through extreme negative emotions can in fact make people feel less in control, as has often been assumed. And the fact that this effect was found using an implicit measure of agency, rather than by simply asking participants whether they felt in control, suggests that it may be happening at a fairly fundamental level. But...
Texas Supreme Court Allows Probating Will After 4-Year Statute of Limitation
June 26, 2019
The Texas Supreme Court reversed and remanded the lower courts' decision that the four-year statute of limitations Section...
June 26, 2019
The Texas Supreme Court reversed and remanded the lower courts' decision that the four-year statute of limitations Section...
Could Your Immune System Be Making You Impulsive?
June 25, 2019
Being able to forego a reward now in favour of gaining something better later is known to be important in determining all kinds of desirable outcomes in life, including greater educational attainment, social functioning and health. However, choosing to delay gratification won’t always be the best option. If you’re in desperate circumstances – you badly need money to buy food, for example – taking the £10 today could be sensible. But this isn’t necessarily an entirely...
June 25, 2019
Being able to forego a reward now in favour of gaining something better later is known to be important in determining all kinds of desirable outcomes in life, including greater educational attainment, social functioning and health. However, choosing to delay gratification won’t always be the best option. If you’re in desperate circumstances – you badly need money to buy food, for example – taking the £10 today could be sensible. But this isn’t necessarily an entirely...
Uber’s Arbitration Addiction Could Be Death by 60,000 Cuts
June 24, 2019
While the choice might have initially deterred lawsuits, 60,000 arbitrations is “a death by a thousand cuts,” Cremins said. “The volume is impossible to deal with from an administrative and legal perspective.” Arbitration is especially popular among so-called gig economy companies, which rely on classifying workers as independent contractors. For the drivers, that confers more flexibility, but also lacks the benefits that come with a traditional job. The result is a flood of claims that...
June 24, 2019
While the choice might have initially deterred lawsuits, 60,000 arbitrations is “a death by a thousand cuts,” Cremins said. “The volume is impossible to deal with from an administrative and legal perspective.” Arbitration is especially popular among so-called gig economy companies, which rely on classifying workers as independent contractors. For the drivers, that confers more flexibility, but also lacks the benefits that come with a traditional job. The result is a flood of claims that...
The Rise of Gray Divorce and Disinheritance
June 23, 2019
The past 25 years has seen a dramatic rise in the amount of divorces for those over the age of 50 and even 65. For the 50 and up group, divorce doubled; 65 and up saw the divorce rate triple. Many of them remarry, and this can cause dire consequences for their adult children. When it comes to a second or third marriage, family dynamics may be split along bloodlines. When one spouse dies before the other, the entire estate may transfer to the other spouse, leaving the children of the first spouse...
June 23, 2019
The past 25 years has seen a dramatic rise in the amount of divorces for those over the age of 50 and even 65. For the 50 and up group, divorce doubled; 65 and up saw the divorce rate triple. Many of them remarry, and this can cause dire consequences for their adult children. When it comes to a second or third marriage, family dynamics may be split along bloodlines. When one spouse dies before the other, the entire estate may transfer to the other spouse, leaving the children of the first spouse...
France’s Judicial Analytics Ban Unlikely to Catch On in U.S.
June 22, 2019
A new French law designed to restrict use of legal and judicial analytics is unlikely to catch on in the U.S., legal tech...
June 22, 2019
A new French law designed to restrict use of legal and judicial analytics is unlikely to catch on in the U.S., legal tech...
Martins, Price, & Witt on Contractual Waivers of Tort Rights
June 21, 2019
Ryan Martins, Shannon Price and John Fabian Witt (Yale University, Law School, Students, Yale University, Law School, Students and Yale University - Law School) have posted Contract’s Revenge: The Waiver Society and the Death of Tort (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: A generation ago observers confidently predicted the death of contract and the triumph of tort. But contract has risen from the dead. Contracts waiving tort rights have become ubiquitous...
June 21, 2019
Ryan Martins, Shannon Price and John Fabian Witt (Yale University, Law School, Students, Yale University, Law School, Students and Yale University - Law School) have posted Contract’s Revenge: The Waiver Society and the Death of Tort (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: A generation ago observers confidently predicted the death of contract and the triumph of tort. But contract has risen from the dead. Contracts waiving tort rights have become ubiquitous...
Investment Arbitration and Political Systems Theory
June 20, 2019
This chapter suggests that political systems theory allows us to make better sense of the fragmented understanding we have today of investment law in general and of investment arbitration in particular. Relying on a theory by David Easton, the chapter presents investment arbitration as a political system: one that transforms the input of key actors into output, with feedback loops from the latter to the former. This perspective, the chapter contends, helps us get a better sense of some of the system’s...
June 20, 2019
This chapter suggests that political systems theory allows us to make better sense of the fragmented understanding we have today of investment law in general and of investment arbitration in particular. Relying on a theory by David Easton, the chapter presents investment arbitration as a political system: one that transforms the input of key actors into output, with feedback loops from the latter to the former. This perspective, the chapter contends, helps us get a better sense of some of the system’s...
