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Twitter Study Confirms The Power Of “Affect Labelling” – Emotions Are Calmed By Putting Them Into Words
February 7, 2019
You might imagine – as prior research suggests many people do – that putting your feelings into words will only intensify them. In fact, many laboratory studies have found the opposite to be true. Stating out loud, or writing down, what you are feeling – a process that psychologists call “affect labelling” – seems to down-regulate emotions, diminishing their intensity. Now an intriguing study has explored this phenomenon outside of the lab, analysing over a billion tweets to find...
February 7, 2019
You might imagine – as prior research suggests many people do – that putting your feelings into words will only intensify them. In fact, many laboratory studies have found the opposite to be true. Stating out loud, or writing down, what you are feeling – a process that psychologists call “affect labelling” – seems to down-regulate emotions, diminishing their intensity. Now an intriguing study has explored this phenomenon outside of the lab, analysing over a billion tweets to find...
Twitter Isn’t Required to Include an Arbitration Clause
February 7, 2019
In a recent case out of the District of Arizona, Brittain v. Twitter Inc., No. CV-18-01714-PHX-DG (behind paywall), a court finds Twitter's terms enforceable as neither illusory nor unconscionable. The plaintiffs admitted that they agreed to Twitter's terms of service, but they argued the terms were illusory and unconscionable. The illusory argument depended on the assertion that Twitter could unilaterally modify the terms at its discretion. But, unlike other cases where the terms were...
February 7, 2019
In a recent case out of the District of Arizona, Brittain v. Twitter Inc., No. CV-18-01714-PHX-DG (behind paywall), a court finds Twitter's terms enforceable as neither illusory nor unconscionable. The plaintiffs admitted that they agreed to Twitter's terms of service, but they argued the terms were illusory and unconscionable. The illusory argument depended on the assertion that Twitter could unilaterally modify the terms at its discretion. But, unlike other cases where the terms were...
The Changing Nature of Insurance Claims Litigation
February 6, 2019
Mergers and acquisitions, sophisticated litigation management technology and hedge fund-backed capital has made the plaintiffs’...
February 6, 2019
Mergers and acquisitions, sophisticated litigation management technology and hedge fund-backed capital has made the plaintiffs’...
Petition for Review Filed Over $460K Legal Malpractice Arbitration Award
February 6, 2019
Earlier this month, the Supreme Court of Texas was asked to consider whether the Beaumont Court of Appeals committed error when it refused to vacate an arbitrator’s $460,000 legal malpractice award. In Midani and Midani, Hinkle & Cole, LLP v. Smith, No. 09-18-00009-CV (Tex. App. – Beaumont, November 1, 2018), a woman, Smith, hired a Houston law firm, Midani, Hinkle & Cole (“MHC”), to represent her in a dental malpractice case. Smith signed...
February 6, 2019
Earlier this month, the Supreme Court of Texas was asked to consider whether the Beaumont Court of Appeals committed error when it refused to vacate an arbitrator’s $460,000 legal malpractice award. In Midani and Midani, Hinkle & Cole, LLP v. Smith, No. 09-18-00009-CV (Tex. App. – Beaumont, November 1, 2018), a woman, Smith, hired a Houston law firm, Midani, Hinkle & Cole (“MHC”), to represent her in a dental malpractice case. Smith signed...
The Wired Negotiator: Using Technology in Negotiation
February 5, 2019
Everyone negotiates everyday. How we negotiate is changing dramatically due to the use of various technological tools. People...
February 5, 2019
Everyone negotiates everyday. How we negotiate is changing dramatically due to the use of various technological tools. People...
Mediation 3.0: Merging The Old and The New
February 5, 2019
This is a published transcription of the 2017 Singapore Mediation Lecture delivered in Singapore (at Singapore Management University) in 2017. The lecture provides a brief overview of a world history of mediation (1.0-Ancient Mediation through the early arguments for ADR; Mediation 2.0-distortions of mediation-lite, no joint meeting mediation and mandatory mediation, spread of mediation throughout legal cultures, use of hybrids and scaling up mediation to larger disputes and conflicts; to Mediation...
February 5, 2019
This is a published transcription of the 2017 Singapore Mediation Lecture delivered in Singapore (at Singapore Management University) in 2017. The lecture provides a brief overview of a world history of mediation (1.0-Ancient Mediation through the early arguments for ADR; Mediation 2.0-distortions of mediation-lite, no joint meeting mediation and mandatory mediation, spread of mediation throughout legal cultures, use of hybrids and scaling up mediation to larger disputes and conflicts; to Mediation...
New Prime v. Oliveira – Great Win for Workers
February 4, 2019
The Supreme Court just released its decision in New Prime v. Oliveira (click here for a copy of the decision), and as I predicted after oral argument, this case is a win for workers. I believe this is the first time in decades that the Supreme Court has cut back on its expansive readings of the Federal Arbitration Act. Under this new decision, a court should decide for itself whether §1’s “contracts of employment” exclusion applies before ordering arbitration, even...
February 4, 2019
The Supreme Court just released its decision in New Prime v. Oliveira (click here for a copy of the decision), and as I predicted after oral argument, this case is a win for workers. I believe this is the first time in decades that the Supreme Court has cut back on its expansive readings of the Federal Arbitration Act. Under this new decision, a court should decide for itself whether §1’s “contracts of employment” exclusion applies before ordering arbitration, even...
Federal Arbitration Act Section 1: SCOTUS Says Courts Decide Whether FAA Applies to Contract and this Time Answer is “No”
February 4, 2019
Section 1 of the Federal Arbitration Act exempts from the FAA’s scope disputes involving “contracts of employment of . . . workers engaged in . . . interstate commerce.” 9 U. S. C. § 1. If parties to an arbitration agreement clearly and unmistakably delegate arbitrability questions to an arbitrator, who decides whether a contract containing the arbitration agreement is such a “contract of employment?” In New Prime Inc. v. Oliveira, 586 ___ U.S. ___, slip op. (Jan....
February 4, 2019
Section 1 of the Federal Arbitration Act exempts from the FAA’s scope disputes involving “contracts of employment of . . . workers engaged in . . . interstate commerce.” 9 U. S. C. § 1. If parties to an arbitration agreement clearly and unmistakably delegate arbitrability questions to an arbitrator, who decides whether a contract containing the arbitration agreement is such a “contract of employment?” In New Prime Inc. v. Oliveira, 586 ___ U.S. ___, slip op. (Jan....
The Loser’s Curse: Decision Making and Market Efficiency in the National Football League Draft
February 3, 2019
A question of increasing interest to researchers in a variety of fields is whether the biases found in judgment and decision-making research remain present in contexts in which experienced participants face strong economic incentives. To investigate this question, we analyze the decision making of National Football League teams during their annual player draft. This is a domain in which monetary stakes are exceedingly high and the opportunities for learning are rich. It is also a domain in which...
February 3, 2019
A question of increasing interest to researchers in a variety of fields is whether the biases found in judgment and decision-making research remain present in contexts in which experienced participants face strong economic incentives. To investigate this question, we analyze the decision making of National Football League teams during their annual player draft. This is a domain in which monetary stakes are exceedingly high and the opportunities for learning are rich. It is also a domain in which...
Behavioral Economics May Make Champs of the Cleveland Browns
February 3, 2019
All eyes are on the Los Angeles Rams and the New England Patriots, but the Cleveland Browns had an impressive season too. Although they didn’t make the playoffs, they did go 7-8-1 in 2018 after finishing 0-16 a year earlier. It’s one of the biggest single-season improvements in National Football League history, and the Browns owe it in large part to behavioral economics. The turnaround was orchestrated by a small team of analytics wonks in the front office, led by chief strategy officer Paul...
February 3, 2019
All eyes are on the Los Angeles Rams and the New England Patriots, but the Cleveland Browns had an impressive season too. Although they didn’t make the playoffs, they did go 7-8-1 in 2018 after finishing 0-16 a year earlier. It’s one of the biggest single-season improvements in National Football League history, and the Browns owe it in large part to behavioral economics. The turnaround was orchestrated by a small team of analytics wonks in the front office, led by chief strategy officer Paul...
