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Pepperdine Hosts International Conference For Dispute Resolution Teachers, Scholars, And Leaders
June 9, 2019
The Straus Institute for Dispute Resolution at Pepperdine Law School, ranked #1 by U.S. News & World Report for 13 of the past 15th years, will host a landmark conference on June 18-19, 2019: Appreciating Our Legacy and Engaging theFuture: An International Conference for Dispute Resolution Teachers, Scholars, and Leaders. Participants will compare perspectives on four decades of change in managing and resolving conflict. The Co-Chairs of the Conference are: Tom...
June 9, 2019
The Straus Institute for Dispute Resolution at Pepperdine Law School, ranked #1 by U.S. News & World Report for 13 of the past 15th years, will host a landmark conference on June 18-19, 2019: Appreciating Our Legacy and Engaging theFuture: An International Conference for Dispute Resolution Teachers, Scholars, and Leaders. Participants will compare perspectives on four decades of change in managing and resolving conflict. The Co-Chairs of the Conference are: Tom...
The use of iPads by U.S. Fifth Circuit judges and law clerks
June 8, 2019
When the presentation allowed for questions from the audience, I asked the judges whether they prefer to read briefs in paper, on the computer, or on an iPad, and whether that led them to have any preferences on how the brief is written, such as whether they prefer to see cites in the text or in the footnotes. All four judges said that they were big fans of the impressive use of technology at the Fifth Circuit. For example, after a lawyer e-files a brief, the court adds hyperlinks to the PDF version...
June 8, 2019
When the presentation allowed for questions from the audience, I asked the judges whether they prefer to read briefs in paper, on the computer, or on an iPad, and whether that led them to have any preferences on how the brief is written, such as whether they prefer to see cites in the text or in the footnotes. All four judges said that they were big fans of the impressive use of technology at the Fifth Circuit. For example, after a lawyer e-files a brief, the court adds hyperlinks to the PDF version...
Risk & Rigor: A Lawyer’s Guide to Decision Trees for Assessing Cases and Advising Clients
June 7, 2019
Risk and Rigor offers practical guidance to lawyers, mediators, and clients on using decision trees to more rigorously think...
June 7, 2019
Risk and Rigor offers practical guidance to lawyers, mediators, and clients on using decision trees to more rigorously think...
The Effects of the Extant Clauses Limiting Auditor Liability on Audit Fees and Overall Reporting Quality
June 6, 2019
Regulators and shareholders generally oppose any restriction on clients' rights to sue their auditors, believing that such restrictions would impair reporting quality. However, the evidence suggests that the opposition to limitation of liability agreements (LLAs) between clients and auditors is likely unwarranted. Specifically, the evidence indicates that LLAs are beneficial to clients by lowering their audit fees. More importantly, we find no evidence that they impair financial reporting quality...
June 6, 2019
Regulators and shareholders generally oppose any restriction on clients' rights to sue their auditors, believing that such restrictions would impair reporting quality. However, the evidence suggests that the opposition to limitation of liability agreements (LLAs) between clients and auditors is likely unwarranted. Specifically, the evidence indicates that LLAs are beneficial to clients by lowering their audit fees. More importantly, we find no evidence that they impair financial reporting quality...
Sorry, Laws Protecting Doctors Who Apologize Don’t Lessen Litigation
June 5, 2019
Laws intended to reduce malpractice litigation by protecting doctors who want to apologize don’t work, according to a new Vanderbilt analysis of proprietary insurance data. It turns out people sue for money and an apology doesn’t change that reality. In fact, apologies may raise the risk of claims. “The idea is simply that if providers could just say they’re sorry, that’s what patients really want. They really don’t care about punishing the doctor in a financial context, they care...
June 5, 2019
Laws intended to reduce malpractice litigation by protecting doctors who want to apologize don’t work, according to a new Vanderbilt analysis of proprietary insurance data. It turns out people sue for money and an apology doesn’t change that reality. In fact, apologies may raise the risk of claims. “The idea is simply that if providers could just say they’re sorry, that’s what patients really want. They really don’t care about punishing the doctor in a financial context, they care...
What Happens if an Award is not Sufficiently “Reasoned”?
June 4, 2019
One of arbitration’s supposed virtues is that it’s fast and simple – streamlined, as many courts are fond of saying. As a consequence, arbitral awards generally do not need to be supported by any reasoning or rationale. Unless the parties have requested a specific form of award, an arbitrator may issue an award that does nothing more than announce a result – declare the winner and the loser. See Cat Chater LLC v. Schurtenberger,646 F.3d 836, 844 (11thCir. 2011). Sometimes...
June 4, 2019
One of arbitration’s supposed virtues is that it’s fast and simple – streamlined, as many courts are fond of saying. As a consequence, arbitral awards generally do not need to be supported by any reasoning or rationale. Unless the parties have requested a specific form of award, an arbitrator may issue an award that does nothing more than announce a result – declare the winner and the loser. See Cat Chater LLC v. Schurtenberger,646 F.3d 836, 844 (11thCir. 2011). Sometimes...
If an Arbitration Panel Rules on an Issue the Parties did not Agree to Submit to that Panel, Should a Court Vacate the Award?
June 3, 2019
The “first principle” of labor and commercial arbitration law is that “arbitration is a matter of consent, not coercion” —put differently, arbitration “is a way to resolve those disputes—but only those disputes—that the parties have agreed to submit to arbitration.”Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 678-80 (2010) (citation and quotations omitted);First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943 (1995) (citations omitted); Granite Rock...
June 3, 2019
The “first principle” of labor and commercial arbitration law is that “arbitration is a matter of consent, not coercion” —put differently, arbitration “is a way to resolve those disputes—but only those disputes—that the parties have agreed to submit to arbitration.”Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 678-80 (2010) (citation and quotations omitted);First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943 (1995) (citations omitted); Granite Rock...
Sludge Audits
June 2, 2019
Consumers, employees, students, and others are often subjected to “sludge”: excessive or unjustified frictions, such as paperwork burdens, that cost time or money; that may make life difficult to navigate; that may be frustrating, stigmatizing, or humiliating; and that might end up depriving people of access to important goods, opportunities, and services. Because of behavioral biases and cognitive scarcity, sludge can have much more harmful effects than private and public institutions anticipate....
June 2, 2019
Consumers, employees, students, and others are often subjected to “sludge”: excessive or unjustified frictions, such as paperwork burdens, that cost time or money; that may make life difficult to navigate; that may be frustrating, stigmatizing, or humiliating; and that might end up depriving people of access to important goods, opportunities, and services. Because of behavioral biases and cognitive scarcity, sludge can have much more harmful effects than private and public institutions anticipate....
FutureLaw 2019: Rearranging the Bits of the LegalTech Revolution
June 1, 2019
The annual FutureLaw conference — produced by CodeX, the Stanford Center for Legal Informatics, with the sponsorship...
June 1, 2019
The annual FutureLaw conference — produced by CodeX, the Stanford Center for Legal Informatics, with the sponsorship...
Private Ordering and Commercial Arbitration: Lasting Lessons from Mentschikoff
May 31, 2019
University of Kansas School of Law Professor Stephen J. Ware has published “Private Ordering and Commercial Arbitration:...
May 31, 2019
University of Kansas School of Law Professor Stephen J. Ware has published “Private Ordering and Commercial Arbitration:...
