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SCOTUS Holds FAA’s Transportation Worker Exception Applies to Independent Contractors
January 24, 2019
The Supreme Court of the United States has issued an opinion stating a court must decide whether one of the exemptions included...
January 24, 2019
The Supreme Court of the United States has issued an opinion stating a court must decide whether one of the exemptions included...
More on New Prime
January 23, 2019
Rafael Gely (Missouri) has collected a series of essays on yesterday's New Prime decision and posted them over at Arbitration Info. As of this afternoon those essays include: New Prime and the Gig Economy, Rick Bales (ONU).New Prime and the Viability of State Arbitration Acts, Lise Gelernter (Buffalo, & NAA Member).New Prime and Old Faults, Imre S. Szalai (Loyola New Orleans)
January 23, 2019
Rafael Gely (Missouri) has collected a series of essays on yesterday's New Prime decision and posted them over at Arbitration Info. As of this afternoon those essays include: New Prime and the Gig Economy, Rick Bales (ONU).New Prime and the Viability of State Arbitration Acts, Lise Gelernter (Buffalo, & NAA Member).New Prime and Old Faults, Imre S. Szalai (Loyola New Orleans)
SCOTUS Finds Federal Arbitration Act Does Not Apply to Interstate Transportation Workers
January 23, 2019
The Supreme Court issued another arbitration decision today in New Prime v. Oliveira. And like last week’s decision in Henry Schein, it was unanimous (but Kavanaugh did not participate). Today’s New Prime decision has two key holdings: First, it is for courts, and not arbitrators (regardless of any delegation clause) to determine whether the Federal Arbitration Act applies. Second, the Federal Arbitration Act does not apply to interstate transportation...
January 23, 2019
The Supreme Court issued another arbitration decision today in New Prime v. Oliveira. And like last week’s decision in Henry Schein, it was unanimous (but Kavanaugh did not participate). Today’s New Prime decision has two key holdings: First, it is for courts, and not arbitrators (regardless of any delegation clause) to determine whether the Federal Arbitration Act applies. Second, the Federal Arbitration Act does not apply to interstate transportation...
Independent Contractors = Employees in FAA “Transportation Industry” Exclusion
January 22, 2019
Two increasingly rare events occurred today in the same case: [a subset of] workers got a win, and the Supreme Court narrowed (yes, you read that correctly) the scope of the Federal Arbitration Act. Though the case at first blush appears narrow, it may have much broader implications in the Uber litigation. The case is New Prime Inc. v. Oliveira. Dominic Oliveira was a truck driver for Prime under a contract calling him an independent contractor and containing an arbitration clause. Oliveira...
January 22, 2019
Two increasingly rare events occurred today in the same case: [a subset of] workers got a win, and the Supreme Court narrowed (yes, you read that correctly) the scope of the Federal Arbitration Act. Though the case at first blush appears narrow, it may have much broader implications in the Uber litigation. The case is New Prime Inc. v. Oliveira. Dominic Oliveira was a truck driver for Prime under a contract calling him an independent contractor and containing an arbitration clause. Oliveira...
Justices Uphold Arbitration Exemption for Transportation Workers in Rare Victory for Arbitration Opponents
January 22, 2019
Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed,...
January 22, 2019
Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed,...
Dispute Resolution Data Update
January 21, 2019
This has been a highly productive year for Dispute Resolution Data. Initiatives included: A growing caseload for the DRD database...
January 21, 2019
This has been a highly productive year for Dispute Resolution Data. Initiatives included: A growing caseload for the DRD database...
Opinion Rejects Vague Exception Limiting Enforcement of Arbitration Agreements
January 21, 2019
The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal Arbitration Act, in which the Supreme Court consistently has reversed lower-court decisions refusing to enforce arbitration agreements. Many of those cases have been decided by narrow 5-4 majorities, which has raised the possibility...
January 21, 2019
The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal Arbitration Act, in which the Supreme Court consistently has reversed lower-court decisions refusing to enforce arbitration agreements. Many of those cases have been decided by narrow 5-4 majorities, which has raised the possibility...
Development of a General Legal Confidence Scale: A First Implementation of the Rasch Measurement Model in Empirical Legal Studies
January 20, 2019
Legal capability has long been of evident importance in our understanding of legal problem resolution behavior. Although legal capability remains a contested concept, there is much commonality between specifications. Some aspects are generic, while others—such as legal confidence—are particular to law. Such law‐specific measures as have been developed to date have been developed in an ad‐hoc fashion; with no attempts made to test psychometric properties, using either classical test theory...
January 20, 2019
Legal capability has long been of evident importance in our understanding of legal problem resolution behavior. Although legal capability remains a contested concept, there is much commonality between specifications. Some aspects are generic, while others—such as legal confidence—are particular to law. Such law‐specific measures as have been developed to date have been developed in an ad‐hoc fashion; with no attempts made to test psychometric properties, using either classical test theory...
Chief Justice Robots
January 20, 2019
I have an unusually speculative article -- more futurism than law as such -- coming out in a few months in the Duke Law Journal, called Chief Justice Robots. I'd love to hear what people think. Here are the Introduction and the Conclusion; you can read the full article here: IntroductionHow might artificial intelligence change judging? IBM's Watson can beat the top Jeopardy players in answering English-language factual questions. The Watson Debater project is aimed at creating...
January 20, 2019
I have an unusually speculative article -- more futurism than law as such -- coming out in a few months in the Duke Law Journal, called Chief Justice Robots. I'd love to hear what people think. Here are the Introduction and the Conclusion; you can read the full article here: IntroductionHow might artificial intelligence change judging? IBM's Watson can beat the top Jeopardy players in answering English-language factual questions. The Watson Debater project is aimed at creating...
Lawyers at the Peak of Their Careers: A 30‐Year Longitudinal Study of Job and Life Satisfaction
January 19, 2019
A decade ago, we conducted a 20‐year longitudinal study of career and life satisfaction among the class matriculating...
January 19, 2019
A decade ago, we conducted a 20‐year longitudinal study of career and life satisfaction among the class matriculating...
