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RoundUp of Coverage of ReInvent Law Silicon Valley 2013
April 6, 2013
This is Hardly a Complete List but These Provide a Good Overview …. The Future of Law as Seen From Silicon Valley (The...
April 6, 2013
This is Hardly a Complete List but These Provide a Good Overview …. The Future of Law as Seen From Silicon Valley (The...
Funders As Lawyers: A Response
April 6, 2013
Ultimately, I agree with your conclusion that the parties to a litigation funding agreement must contractually negotiate the scope of their respective duties. I believe, however, that for several reasons those duties should be contractual and tailored to the specific transaction rather than a blanket application of common law fiduciary duties. First, let me say that at Themis, while we consider our company to be an active funder, we fully acknowledge that the ultimate decision making authority...
April 6, 2013
Ultimately, I agree with your conclusion that the parties to a litigation funding agreement must contractually negotiate the scope of their respective duties. I believe, however, that for several reasons those duties should be contractual and tailored to the specific transaction rather than a blanket application of common law fiduciary duties. First, let me say that at Themis, while we consider our company to be an active funder, we fully acknowledge that the ultimate decision making authority...
Carey on Modeling Contradictions in Judicial Precedent
April 6, 2013
Matthew Carey, Esq., of Thomson Reuters has published Holdings about holdings: Modeling contradictions in judicial precedent,...
April 6, 2013
Matthew Carey, Esq., of Thomson Reuters has published Holdings about holdings: Modeling contradictions in judicial precedent,...
College Degree Becoming New High School Diploma
April 6, 2013
The college degree is becoming the new high school diploma: the new minimum requirement, albeit an expensive one, for getting even the lowest-level job. Consider the 45-person law firm of Busch, Slipakoff & Schuh here in Atlanta, a place that has seen tremendous growth in the college-educated population. Like other employers across the country, the firm hires only people with a bachelor’s degree, even for jobs that do not require college-level skills. This prerequisite applies to everyone,...
April 6, 2013
The college degree is becoming the new high school diploma: the new minimum requirement, albeit an expensive one, for getting even the lowest-level job. Consider the 45-person law firm of Busch, Slipakoff & Schuh here in Atlanta, a place that has seen tremendous growth in the college-educated population. Like other employers across the country, the firm hires only people with a bachelor’s degree, even for jobs that do not require college-level skills. This prerequisite applies to everyone,...
Information is Cheap, but Meaning is Expensive: Building Analytical Skill Into Legal Research Instruction
April 5, 2013
This article is by Professor Yasmin Sokkar Harker (CUNY) and available at 105 Law Libr. J. 79 (2013). From the synopsis: Law students and new attorneys must have well-developed analytical skills in order to find information that is pertinent to their legal problems and to become competent legal researchers in today’s information-rich environment. Law librarians and legal research instructors can help develop students’ analytical skills by asking them to participate in activities that encourage...
April 5, 2013
This article is by Professor Yasmin Sokkar Harker (CUNY) and available at 105 Law Libr. J. 79 (2013). From the synopsis: Law students and new attorneys must have well-developed analytical skills in order to find information that is pertinent to their legal problems and to become competent legal researchers in today’s information-rich environment. Law librarians and legal research instructors can help develop students’ analytical skills by asking them to participate in activities that encourage...
The Endowment Effect: Why It’s Easy to Overvalue Your Stuff
April 5, 2013
No matter what it is—a pair of jeans, a car or even a house—in that moment when an object becomes your property, it undergoes a transformation. Because you chose it and you associate it with yourself, its value is immediately increased (Morewedge et al., 2009). If someone offers to buy it from you, the chances are you want to charge much more than they are prepared to pay. That is a cognitive bias called 'the endowment effect'. It's the reason that some people have lofts, garages and storage...
April 5, 2013
No matter what it is—a pair of jeans, a car or even a house—in that moment when an object becomes your property, it undergoes a transformation. Because you chose it and you associate it with yourself, its value is immediately increased (Morewedge et al., 2009). If someone offers to buy it from you, the chances are you want to charge much more than they are prepared to pay. That is a cognitive bias called 'the endowment effect'. It's the reason that some people have lofts, garages and storage...
Smiling Fighters Are More Likely to Lose
April 5, 2013
The day before mixed martial artists compete in the Ultimate Fighting Championships (UFC), they pose with each other in a staged face-off. A new study has analysed photographs taken at dozens of these pre-fight encounters and found that competitors who smile are more likely to lose the match the next day (pdf via author website). Michael Kraus and Teh-Way David Chen recruited four coders (blind to the aims of the study) to assess the presence of smiles, and smile intensity, in photographs...
April 5, 2013
The day before mixed martial artists compete in the Ultimate Fighting Championships (UFC), they pose with each other in a staged face-off. A new study has analysed photographs taken at dozens of these pre-fight encounters and found that competitors who smile are more likely to lose the match the next day (pdf via author website). Michael Kraus and Teh-Way David Chen recruited four coders (blind to the aims of the study) to assess the presence of smiles, and smile intensity, in photographs...
Attorney’s Fee Provision for Failure to Mediate Not Triggered Without Mediation Request
April 5, 2013
The dispute resolution clause in a Maine real estate contract required use of mediation and provided for attorney’s fees if either party litigated and lost after refusing to go to mediation. However, when a dispute resulted in litigation and neither party sought mediation, the court concluded that the prevailing party was not entitled to attorney’s fees because there had been no refusal to mediate. Thompson v. Miles, No. 1:10-CV-00234 (U.S.D.C. D. Maine, January 8, 2013)
April 5, 2013
The dispute resolution clause in a Maine real estate contract required use of mediation and provided for attorney’s fees if either party litigated and lost after refusing to go to mediation. However, when a dispute resulted in litigation and neither party sought mediation, the court concluded that the prevailing party was not entitled to attorney’s fees because there had been no refusal to mediate. Thompson v. Miles, No. 1:10-CV-00234 (U.S.D.C. D. Maine, January 8, 2013)
In Minnesota, Amendments to the Rules of Civil Procedure Highlight Proportionality
April 4, 2013
On February 4, 2013, the Supreme Court of the State of Minnesota adopted amendments to the Rules of Civil Procedure, including...
April 4, 2013
On February 4, 2013, the Supreme Court of the State of Minnesota adopted amendments to the Rules of Civil Procedure, including...
Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…
April 4, 2013
In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case...
April 4, 2013
In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case...
