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Persuasive Tactics To Close Your Next Deal
May 28, 2018
A good business deal should bring genuine benefit to both parties. Rather than manipulating someone to do what you want, the art of persuasion convinces a potential business partner, or buyer, of the genuine worth of the deal you’re offering. Ethical persuasion also helps overcome unwarranted hesitation by the other party. Sometimes, people have difficulty pulling the trigger on even attractive and beneficial deals. Whether you’re trying to boost conversions or sell your business in general,...
May 28, 2018
A good business deal should bring genuine benefit to both parties. Rather than manipulating someone to do what you want, the art of persuasion convinces a potential business partner, or buyer, of the genuine worth of the deal you’re offering. Ethical persuasion also helps overcome unwarranted hesitation by the other party. Sometimes, people have difficulty pulling the trigger on even attractive and beneficial deals. Whether you’re trying to boost conversions or sell your business in general,...
Ex Machina: Analytical platforms, Law and the Challenges of Computational Legal Science
May 20, 2018
Abstract: Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers...
May 20, 2018
Abstract: Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers...
Law Students Benefit From ‘Brain Training,’ Study Finds
May 19, 2018
Here is another article on Texas tech's "brain training" program: Law Com, Law Students Benefit From 'Brain Training,' Study Finds. (or here) "Texas Tech law students were better able to synthesize cases and apply legal concepts broadly after undergoing 'brain training' during orientation." "Texas Tech launched the pilot in the fall of 2015 in partnership with the Dallas-based Center for Brain Health. During orientation, the new students learned about basic neuroscience concepts and the role...
May 19, 2018
Here is another article on Texas tech's "brain training" program: Law Com, Law Students Benefit From 'Brain Training,' Study Finds. (or here) "Texas Tech law students were better able to synthesize cases and apply legal concepts broadly after undergoing 'brain training' during orientation." "Texas Tech launched the pilot in the fall of 2015 in partnership with the Dallas-based Center for Brain Health. During orientation, the new students learned about basic neuroscience concepts and the role...
Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws
May 18, 2018
Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex...
May 18, 2018
Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex...
Dothan on Tit for Tat and Uncertainty
May 16, 2018
Shai Dothan (University of Copenhagen - iCourts - Centre of Excellence for International Courts) has posted When Immediate...
May 16, 2018
Shai Dothan (University of Copenhagen - iCourts - Centre of Excellence for International Courts) has posted When Immediate...
Zamir on Behavioral Foundations of Standard Economic Analysis
May 15, 2018
Eyal Zamir (Hebrew University of Jerusalem - Faculty of Law) has posted Reinforcing Law and Economics: Behavioral Support for the Predictions of Standard Economic Analysis on SSRN. Here is the abstract: Economic analysis has had a powerful influence on legal theory and policymaking. Based on the premise that people are rational maximizers of their own utility, economic analysis has a fairly successful record in correctly predicting human behavior in all spheres of life. This success is puzzling,...
May 15, 2018
Eyal Zamir (Hebrew University of Jerusalem - Faculty of Law) has posted Reinforcing Law and Economics: Behavioral Support for the Predictions of Standard Economic Analysis on SSRN. Here is the abstract: Economic analysis has had a powerful influence on legal theory and policymaking. Based on the premise that people are rational maximizers of their own utility, economic analysis has a fairly successful record in correctly predicting human behavior in all spheres of life. This success is puzzling,...
A Spectrum of Tools to Support Litigation Risk Assessment: Promise and Limitations
May 15, 2018
A common theme for legal futurists is the call for legal professionals to take leadership in the world's rapidly changing...
May 15, 2018
A common theme for legal futurists is the call for legal professionals to take leadership in the world's rapidly changing...
What Tennis Can Teach Us About Technology
May 13, 2018
We live in a time of relentless technological change. These case studies help explain why such change is so unsettling. Our inventions aren’t just altering the competitive landscape—they are doing so in completely unpredictable ways. Those older tennis players probably thought the oversize racket would help them compete with younger players, compensating for their slight decline in athleticism and speed. They were wrong. And the cascade of unexpected consequences never stops; when it comes...
May 13, 2018
We live in a time of relentless technological change. These case studies help explain why such change is so unsettling. Our inventions aren’t just altering the competitive landscape—they are doing so in completely unpredictable ways. Those older tennis players probably thought the oversize racket would help them compete with younger players, compensating for their slight decline in athleticism and speed. They were wrong. And the cascade of unexpected consequences never stops; when it comes...
How Legal Technology Algorithms Might Lead to Attorney “Skills Fade”
May 12, 2018
There's an interesting article by Professor Brian Sheppard (Seton Hall) in the March issue of Thomson Reuters' Practice Innovations newsletter that discusses the phenomenon of "skill fade" which occurs when workplace technologies replace human decision-making. By way of example, Professor Sheppard notes that several studies have shown that the use of autopilot technology for commercial flights can lead to a decline in pilot skill. Professor Sheppard then hypothesizes about whether the same could...
May 12, 2018
There's an interesting article by Professor Brian Sheppard (Seton Hall) in the March issue of Thomson Reuters' Practice Innovations newsletter that discusses the phenomenon of "skill fade" which occurs when workplace technologies replace human decision-making. By way of example, Professor Sheppard notes that several studies have shown that the use of autopilot technology for commercial flights can lead to a decline in pilot skill. Professor Sheppard then hypothesizes about whether the same could...
The Medium Makes the Difference!
May 10, 2018
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail.” (“Lenski”) While the article was originally published in December 2003, its points are probably truer today than fifteen years ago. The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting. Ms. Lenski begins by noting that research in 2000 revealed that...
May 10, 2018
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail.” (“Lenski”) While the article was originally published in December 2003, its points are probably truer today than fifteen years ago. The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting. Ms. Lenski begins by noting that research in 2000 revealed that...
