Menu
Blog Archives
How To Calculate The Appeal Period From An Arbitration Award
January 14, 2019
Courtesy of the Ninth Circuit, we kick off 2019 with some fundamentals. The Federal Arbitration Act gives parties three months to petition to vacate an arbitration award. We know that “Three is the Magic Number,” but how exactly is a disappointed party supposed to calculate the three months? Section 12 of the FAA requires that a petition to vacate be served upon the adverse party “within three months after the award is filed or delivered.” In Stevens v. Jiffy Lube...
January 14, 2019
Courtesy of the Ninth Circuit, we kick off 2019 with some fundamentals. The Federal Arbitration Act gives parties three months to petition to vacate an arbitration award. We know that “Three is the Magic Number,” but how exactly is a disappointed party supposed to calculate the three months? Section 12 of the FAA requires that a petition to vacate be served upon the adverse party “within three months after the award is filed or delivered.” In Stevens v. Jiffy Lube...
Incentives, Performance and Choking in Darts
January 13, 2019
This paper examines the effect of incentives on the performance of darts players. We analyze four data sets comprising a total of 123,402 darts matches of professional, amateur, and youth players. The game of darts offers an attractive natural research setting, because performance can be observed at the individual level and without the obscuring effects of risk considerations and the behavior of others. We find that amateur and youth players perform better under moderately higher incentives, but choke...
January 13, 2019
This paper examines the effect of incentives on the performance of darts players. We analyze four data sets comprising a total of 123,402 darts matches of professional, amateur, and youth players. The game of darts offers an attractive natural research setting, because performance can be observed at the individual level and without the obscuring effects of risk considerations and the behavior of others. We find that amateur and youth players perform better under moderately higher incentives, but choke...
Super Rich Drive Rise in Whisky Insurance
January 13, 2019
6Changing ValuesAnd while noteworthy on its own, the rise in both prices and attendant need for insurance also gives a view into the changing landscape of alternative investments. For instance, art and jewelry continue to top the list of insured collectibles at AIG right now, says Fiamma, but there’s been a significant increase in interest in protection for whisky, watches, and cars, marking a shift in focus from what many view as traditional collectibles and also how wealth is being transformed...
January 13, 2019
6Changing ValuesAnd while noteworthy on its own, the rise in both prices and attendant need for insurance also gives a view into the changing landscape of alternative investments. For instance, art and jewelry continue to top the list of insured collectibles at AIG right now, says Fiamma, but there’s been a significant increase in interest in protection for whisky, watches, and cars, marking a shift in focus from what many view as traditional collectibles and also how wealth is being transformed...
CrossFit Versus Gold’s Gym
January 12, 2019
As our data showed (see our official academic article on this, Fell & Geher, 2018, published in the Journal of Evolution and Health), the exercise experiences of these two gyms differed pretty dramatically. People who attended Gold's were much more likely to use the stationary bicycle, stairmaster, and treadmill, for instance, while CrossFitters were more likely to use kettleballs and to engage in intensive interval training (designed as proxies for the kinds of physical activities...
January 12, 2019
As our data showed (see our official academic article on this, Fell & Geher, 2018, published in the Journal of Evolution and Health), the exercise experiences of these two gyms differed pretty dramatically. People who attended Gold's were much more likely to use the stationary bicycle, stairmaster, and treadmill, for instance, while CrossFitters were more likely to use kettleballs and to engage in intensive interval training (designed as proxies for the kinds of physical activities...
Five Marketing Lessons from the Payless Shoe Prank
January 12, 2019
An elaborate advertising prank by discount retailer Payless ShoeSource is raising eyebrows and important questions about the ability of marketers to manipulate consumer behavior. The ruse took place in a mall near Los Angeles, where a select group of social media influencers were invited to a private launch party for new Italian shoe designer Bruno Palessi. But after the fashionistas paid hundreds of dollars for what they though was fancy footwear, they discovered they had been duped. Payless...
January 12, 2019
An elaborate advertising prank by discount retailer Payless ShoeSource is raising eyebrows and important questions about the ability of marketers to manipulate consumer behavior. The ruse took place in a mall near Los Angeles, where a select group of social media influencers were invited to a private launch party for new Italian shoe designer Bruno Palessi. But after the fashionistas paid hundreds of dollars for what they though was fancy footwear, they discovered they had been duped. Payless...
Wright on Allocating Liability among Multiple Legally Responsible Causes
January 11, 2019
Richard Wright has posted to SSRN Allocating Liability Among Multiple Responsible Causes: Principles, Rhetoric...
January 11, 2019
Richard Wright has posted to SSRN Allocating Liability Among Multiple Responsible Causes: Principles, Rhetoric...
Article on Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will
January 11, 2019
Gerry W. Beyer & Katherine Peters recently published an Article entitled, Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article. The electronic will is here… almost. The last two years have seen rapid development in the area of electronic wills. As of September 2018, several states either have enacted electronic will statutes or are in the process of considering such legislation....
January 11, 2019
Gerry W. Beyer & Katherine Peters recently published an Article entitled, Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article. The electronic will is here… almost. The last two years have seen rapid development in the area of electronic wills. As of September 2018, several states either have enacted electronic will statutes or are in the process of considering such legislation....
How to Use the Ben Franklin Effect to Increase Loyalty
January 10, 2019
What is the Ben Franklin effect? Named after Ben Franklin (who wrote of borrowing a book from a rival who warmed to him as a result), this effect states the following: that if you ask someone to help you out in some way, and they indeed do, they will then be more likely to do you another favor. Note that asking for the favor is not enough: the person asked needs to willingly provide it without feeling too cajoled. The existence of this effect doesn’t mean that doing someone a favor...
January 10, 2019
What is the Ben Franklin effect? Named after Ben Franklin (who wrote of borrowing a book from a rival who warmed to him as a result), this effect states the following: that if you ask someone to help you out in some way, and they indeed do, they will then be more likely to do you another favor. Note that asking for the favor is not enough: the person asked needs to willingly provide it without feeling too cajoled. The existence of this effect doesn’t mean that doing someone a favor...
Class Action-Barring Mandatory Pre-Dispute Consumer Arbitration Clauses: An Example of (and Opportunity for) Dispute System Design
January 10, 2019
Ultimately, this essay will conclude that a private, ad hoc dispute system design process did lead to the insertion of class...
January 10, 2019
Ultimately, this essay will conclude that a private, ad hoc dispute system design process did lead to the insertion of class...
Biggest Arbitration Stories Of 2018
January 9, 2019
As we close out 2018, it is a good time to reflect on the year in arbitration law. Overall, I would characterize the year as another in which everyone was mildly obsessed with class actions, the U.S. Supreme Court again showed its willingness to enforce arbitration agreements of all kinds, and lower courts and groups of citizens attempted to resist the high court’s blind faith in arbitration with some success. Here are my thoughts on the biggest stories of the year: [read the link] Turning...
January 9, 2019
As we close out 2018, it is a good time to reflect on the year in arbitration law. Overall, I would characterize the year as another in which everyone was mildly obsessed with class actions, the U.S. Supreme Court again showed its willingness to enforce arbitration agreements of all kinds, and lower courts and groups of citizens attempted to resist the high court’s blind faith in arbitration with some success. Here are my thoughts on the biggest stories of the year: [read the link] Turning...
