Menu
Blog Archives
Pure Online Courses Not as Effective as Those Incorporating Face-to-Face Component
February 17, 2019
Our review of the evidence demonstrates that: Online education is the fastest-growing segment of higher education and its growth is overrepresented in the for-profit sector.A wide range of audiences and stakeholders—including faculty and academic leaders, employers and the general public—are skeptical about the quality and value of online education, which they view as inferior to face-to-face education.Students in online education, and in particular underprepared and disadvantaged students,...
February 17, 2019
Our review of the evidence demonstrates that: Online education is the fastest-growing segment of higher education and its growth is overrepresented in the for-profit sector.A wide range of audiences and stakeholders—including faculty and academic leaders, employers and the general public—are skeptical about the quality and value of online education, which they view as inferior to face-to-face education.Students in online education, and in particular underprepared and disadvantaged students,...
The Irony of Self-Representation in Family Law Litigation
February 17, 2019
From Financial Post: There is no doubt the costs of family law litigation are simultaneously emotional and financial. One of those financial costs, the need to engage a lawyer, may cause parties to be inclined to represent themselves. While self-representation is the only option for many people due to their financial resources (a broader discussion of access to justice is beyond the scope of this article), for those with resources, the decision to self-represent may be quite costly in the end.
February 17, 2019
From Financial Post: There is no doubt the costs of family law litigation are simultaneously emotional and financial. One of those financial costs, the need to engage a lawyer, may cause parties to be inclined to represent themselves. While self-representation is the only option for many people due to their financial resources (a broader discussion of access to justice is beyond the scope of this article), for those with resources, the decision to self-represent may be quite costly in the end.
Thinking or Acting Like A Lawyer? What We Don’t Know About Legal Education and are Afraid to Ask
February 16, 2019
This essay (the keynote address at International Conference on Research on Legal Education at the University of New South Wales, December 3-5 2017) reviews the “Big Bangs” in American legal education from “thinking like a lawyer” (classical Socratic education), developing legal theory, critical thinking, jurisprudence, critical legal studies, critical race and feminist theory, “acting like a lawyer” (clinical and experiential educaton), “being a lawyer,” (legal ethics and professional...
February 16, 2019
This essay (the keynote address at International Conference on Research on Legal Education at the University of New South Wales, December 3-5 2017) reviews the “Big Bangs” in American legal education from “thinking like a lawyer” (classical Socratic education), developing legal theory, critical thinking, jurisprudence, critical legal studies, critical race and feminist theory, “acting like a lawyer” (clinical and experiential educaton), “being a lawyer,” (legal ethics and professional...
World Bank: Robots Aren’t Killing Off All Our Jobs Yet
February 16, 2019
The rise of automation has so far had a negligible impact on jobs at a global scale, the World Bank chief economist said, despite common gloomy predictions that humans are set to be replaced by machines. While advanced economies have shed industrial jobs over the last two decades, the rise of the same sector in East Asia has more than compensated for the loss, according to an annual report published by the Washington-based international financial institution. “This fear that robots...
February 16, 2019
The rise of automation has so far had a negligible impact on jobs at a global scale, the World Bank chief economist said, despite common gloomy predictions that humans are set to be replaced by machines. While advanced economies have shed industrial jobs over the last two decades, the rise of the same sector in East Asia has more than compensated for the loss, according to an annual report published by the Washington-based international financial institution. “This fear that robots...
Study Identifies The Most Effective Mental Strategies That People Use To Get Through Aversive Challenges
February 15, 2019
What strategies do you use to push through a tough challenge, be it a run on a treadmill or a stressful phone call with your boss? Perhaps you remind yourself of what you have to gain from completing the task, or you use distraction, or you think about the bad things that will happen if you give in? For a paper in the European Journal of Personality, a team led by Marie Hennecke at the University of Zurich has conducted what they say is the first ever investigation of these strategies, and others,...
February 15, 2019
What strategies do you use to push through a tough challenge, be it a run on a treadmill or a stressful phone call with your boss? Perhaps you remind yourself of what you have to gain from completing the task, or you use distraction, or you think about the bad things that will happen if you give in? For a paper in the European Journal of Personality, a team led by Marie Hennecke at the University of Zurich has conducted what they say is the first ever investigation of these strategies, and others,...
New Prime v. Oliveira Part II: Federal Arbitration Act Section One “Contracts of Employment” Exemption Includes Independent Contractors
February 15, 2019
Section 1 of the Federal Arbitration Act (the “FAA”) exempts from the FAA’s scope disputes involving “contracts of employment of . . . workers engaged in . . . interstate commerce.” 9 U. S. C. § 1. Does the FAA apply to an agreement to arbitrate disputes between an individual trucker and an interstate trucking company if the contract between them establishes an independent contractor relationship, not an employer-employee one? In New Prime Inc. v. Oliveira, 586 ___ U.S....
February 15, 2019
Section 1 of the Federal Arbitration Act (the “FAA”) exempts from the FAA’s scope disputes involving “contracts of employment of . . . workers engaged in . . . interstate commerce.” 9 U. S. C. § 1. Does the FAA apply to an agreement to arbitrate disputes between an individual trucker and an interstate trucking company if the contract between them establishes an independent contractor relationship, not an employer-employee one? In New Prime Inc. v. Oliveira, 586 ___ U.S....
Cognitive Errors and Thinking Aids: Rationalising Choice of Law and Arbitration Clauses
February 14, 2019
We often mislead ourselves into believing that, by arriving at a certain contract decision, we have carefully considered all available options, weighed up the pros and cons of each attribute dispassionately, and selected the most favourable outcome, i.e. the one which maximises our welfare in the transaction. Regretfully, however, we are seldom cognisant of the rational components that form part of our contract decisions. In fact, we are rather often oblivious to the myriad of factors that a bad choice...
February 14, 2019
We often mislead ourselves into believing that, by arriving at a certain contract decision, we have carefully considered all available options, weighed up the pros and cons of each attribute dispassionately, and selected the most favourable outcome, i.e. the one which maximises our welfare in the transaction. Regretfully, however, we are seldom cognisant of the rational components that form part of our contract decisions. In fact, we are rather often oblivious to the myriad of factors that a bad choice...
Massachusetts Law Bars Mandatory Arbitration as a Condition of Receiving Free Credit Monitoring Following a Data Breach
February 14, 2019
This month, the Governor of Massachusetts signed into law a number of amendments to current state data breach notification legislation. ...
February 14, 2019
This month, the Governor of Massachusetts signed into law a number of amendments to current state data breach notification legislation. ...
Defending and Promoting Arbitration: Make it Simple!
February 13, 2019
Over the last couple of decades, arbitration, its practical aspects, but also its very notion, have faced severe attacks from a variety of critics: politicians, members of civil society, users, etc. While arbitration practitioners are actively tackling many areas of reform, the majority of these denunciations appear, for the most part, biased and overly simplistic. Yet, these critiques have pervaded the public discourse, probably due to a lack of effort to educate, convey, and promote the spirit...
February 13, 2019
Over the last couple of decades, arbitration, its practical aspects, but also its very notion, have faced severe attacks from a variety of critics: politicians, members of civil society, users, etc. While arbitration practitioners are actively tackling many areas of reform, the majority of these denunciations appear, for the most part, biased and overly simplistic. Yet, these critiques have pervaded the public discourse, probably due to a lack of effort to educate, convey, and promote the spirit...
Schein, Inc. v. Archer & White Sales, Inc.: Upholding Principles of Arbitration, but Leaving Open Question Regarding Competence-Competence
February 13, 2019
1. The Holding in Schein, Inc. v. Archer & White Sales, Inc. Maintains Principles of Arbitration In a recent unanimous decision dated 8 January 2019, Justice Kavanaugh delivered his first opinion of the United States Supreme Court (the “Court”) in Henry Schein, Inc. v. Archer and White Sales, Inc. As set-out below, the Court’s decision in Schein is in line with principles of international arbitration – namely that courts must respect the terms of the arbitration...
February 13, 2019
1. The Holding in Schein, Inc. v. Archer & White Sales, Inc. Maintains Principles of Arbitration In a recent unanimous decision dated 8 January 2019, Justice Kavanaugh delivered his first opinion of the United States Supreme Court (the “Court”) in Henry Schein, Inc. v. Archer and White Sales, Inc. As set-out below, the Court’s decision in Schein is in line with principles of international arbitration – namely that courts must respect the terms of the arbitration...
