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Enforcement of Foreign Arbitration Agreements and Awards: Application of the New York Convention in the United States
December 30, 2018
International commercial arbitration provides customized and efficient resolution for disputes arising out of transnational commerce. When arbitration occurs in states that have ratified the New York Convention, the process also offers enforceable outcomes even in states other than the one where the arbitration occurred. The United States ratified the New York Convention in 1970, and its courts overwhelmingly enforce both arbitration agreements and arbitral awards. There are exceptions, however,...
December 30, 2018
International commercial arbitration provides customized and efficient resolution for disputes arising out of transnational commerce. When arbitration occurs in states that have ratified the New York Convention, the process also offers enforceable outcomes even in states other than the one where the arbitration occurred. The United States ratified the New York Convention in 1970, and its courts overwhelmingly enforce both arbitration agreements and arbitral awards. There are exceptions, however,...
New Survey finds most Americans would use a less expensive online alternative to hiring a lawyer
December 29, 2018
That's according to a recent survey of 2,000 adults conducted by Harris Poll. The survey found that the vast majority of respondents would prefer a cheaper, online alternative to hiring a lawyer for small legal matters. Legal Tech Newshas the story: Survey: 69 Percent of People Would Use Online Legal Services Over AttorneysThe survey found most Americans are willing to trade off a traditional lawyer experience for small legal matters if it saves them a few bucks. Respondents said...
December 29, 2018
That's according to a recent survey of 2,000 adults conducted by Harris Poll. The survey found that the vast majority of respondents would prefer a cheaper, online alternative to hiring a lawyer for small legal matters. Legal Tech Newshas the story: Survey: 69 Percent of People Would Use Online Legal Services Over AttorneysThe survey found most Americans are willing to trade off a traditional lawyer experience for small legal matters if it saves them a few bucks. Respondents said...
Adobe Sign Introduces Authentication Using Licenses and Passports
December 29, 2018
Passports and drivers’ licenses are tried-and-true methods of authenticating the identities of people signing paper documents....
December 29, 2018
Passports and drivers’ licenses are tried-and-true methods of authenticating the identities of people signing paper documents....
Mittelstadt, Russell, & Wachter on Explaining Machine Learning Decisions
December 28, 2018
Brent Mittelstadt (University of Oxford - Oxford Internet Institute), Chris Russell (University of Surrey), & Sandra Wachter (University of Oxford - Oxford Internet Institute) have posted Explaining Explanations in AI (Proceedings of FAT* ’19: Conference on Fairness, Accountability, and Transparency (FAT* ’19), January 29–31, 2019) on SSRN. Here is the abstract: Recent work on interpretability in machine learning and AI has focused on the building of simplified...
December 28, 2018
Brent Mittelstadt (University of Oxford - Oxford Internet Institute), Chris Russell (University of Surrey), & Sandra Wachter (University of Oxford - Oxford Internet Institute) have posted Explaining Explanations in AI (Proceedings of FAT* ’19: Conference on Fairness, Accountability, and Transparency (FAT* ’19), January 29–31, 2019) on SSRN. Here is the abstract: Recent work on interpretability in machine learning and AI has focused on the building of simplified...
Fifth Circuit Vacates Northern District of Texas Order Compelling Arbitration
December 28, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration. In Forby v. One Technologies, L.P., et al., No. 17-10883 (5th Cir., November 28, 2018), a customer, Forby, filed a putative class action lawsuit against a company, One Technologies (“One Tech”), in an Illinois state court. In her complaint, Forby asserted that One Tech violated the Illinois...
December 28, 2018
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration. In Forby v. One Technologies, L.P., et al., No. 17-10883 (5th Cir., November 28, 2018), a customer, Forby, filed a putative class action lawsuit against a company, One Technologies (“One Tech”), in an Illinois state court. In her complaint, Forby asserted that One Tech violated the Illinois...
Shavell on Expanding Strict Liability for Abnormally Dangerous Activities
December 27, 2018
Steven Shavell has posted to SSRN The Mistaken Restriction of Strict Liability to Uncommon Activities. The abstract provides: Courts generally insist that two criteria be met before imposing strict liability. The first--that the injurer’s activity must be dangerous -- is sensible because strict liability possesses general advantages in controlling risk. But the second -- that the activity must be uncommon -- is ill-advised because it exempts all common activities from strict liability...
December 27, 2018
Steven Shavell has posted to SSRN The Mistaken Restriction of Strict Liability to Uncommon Activities. The abstract provides: Courts generally insist that two criteria be met before imposing strict liability. The first--that the injurer’s activity must be dangerous -- is sensible because strict liability possesses general advantages in controlling risk. But the second -- that the activity must be uncommon -- is ill-advised because it exempts all common activities from strict liability...
Ram on Arbitration & Contract Interpretation
December 27, 2018
Alan Scott Rau (University of Texas at Austin - School of Law; University of Texas at Austin - Kay Bailey Hutchison Center...
December 27, 2018
Alan Scott Rau (University of Texas at Austin - School of Law; University of Texas at Austin - Kay Bailey Hutchison Center...
Crowe, Field, Toohey, & Partridge on Bargaining in the Shadow of Folk Law & Family Dispute Resolution
December 26, 2018
Jonathan Crowe (Bond University - School of Law), Rachael Field (Bond University - School of Law), Lisa Toohey (University of Newcastle Law School, Australia), & Helen Partridge (University of Southern Queensland), & Lynn McAllister (Queensland University of Technology, School of Information Systems) have posted Bargaining in the Shadow of the Folk Law: Expanding the Concept of the Shadow of the Law in Family Dispute Resolution ((2018) 40 Sydney Law Review 319)...
December 26, 2018
Jonathan Crowe (Bond University - School of Law), Rachael Field (Bond University - School of Law), Lisa Toohey (University of Newcastle Law School, Australia), & Helen Partridge (University of Southern Queensland), & Lynn McAllister (Queensland University of Technology, School of Information Systems) have posted Bargaining in the Shadow of the Folk Law: Expanding the Concept of the Shadow of the Law in Family Dispute Resolution ((2018) 40 Sydney Law Review 319)...
Kirkland & Ellis Drops Mandatory Arbitration For Associates Amid Law Student Boycott
December 26, 2018
Following up on last week's post, Harvard Law Students Launch Campaign To #DumpKirkland Over Mandatory Arbitration Agreements...
December 26, 2018
Following up on last week's post, Harvard Law Students Launch Campaign To #DumpKirkland Over Mandatory Arbitration Agreements...
Ask Ariely: On Resentful Recipients, Exciting Exercises, and Ungrateful Guests
December 25, 2018
It might be impossible for the recipient of a gift not to feel obligated to reciprocate in some way. The need for reciprocity is one of the beautiful things about human nature: It is a building block of society, and we wouldn’t want to eliminate it even if we could. So while you might not need any gifts, I wouldn’t deprive your friends and family of the chance to give you something. Instead, encourage them to find a gift that is meaningful but simple and cheap.
December 25, 2018
It might be impossible for the recipient of a gift not to feel obligated to reciprocate in some way. The need for reciprocity is one of the beautiful things about human nature: It is a building block of society, and we wouldn’t want to eliminate it even if we could. So while you might not need any gifts, I wouldn’t deprive your friends and family of the chance to give you something. Instead, encourage them to find a gift that is meaningful but simple and cheap.
