News
Evolving Perceptions of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations
March 21, 2013
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their...
March 21, 2013
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their...
Rush to Judgment? Trial Length and Outcomes in Patent Cases
March 21, 2013
We conduct a comprehensive study of all patent trials over the past eleven years. We find that juries are more favorable to patentees than judges, that (to our surprise) the length of a trial has no effect on its outcome, and that there are surprisingly modest differences between patentee win rates in favored jurisdictions like Delaware and the Eastern District of Texas.
March 21, 2013
We conduct a comprehensive study of all patent trials over the past eleven years. We find that juries are more favorable to patentees than judges, that (to our surprise) the length of a trial has no effect on its outcome, and that there are surprisingly modest differences between patentee win rates in favored jurisdictions like Delaware and the Eastern District of Texas.
Article on Establishing a Parent-Child Relationship in Texas
March 20, 2013
Chelsi Honeycutt (2013 J.D. Candidate, Texas Tech School of Law) recently published her article entitled Careful Cutting Too Many Ties: Issues with Establishing a Parent-Child Relationship Via Adult Adoption in Texas and a Potential Solution, 5 Est. Plan. & Community Prop. L.J. 171 (2012). The introduction the the article is below: Country singer and songwriter Chris Young sang about his stepdad in a song released in 2006 titled “He's My Dad.” I'm 6'4”, he's 5'10”, still I look...
March 20, 2013
Chelsi Honeycutt (2013 J.D. Candidate, Texas Tech School of Law) recently published her article entitled Careful Cutting Too Many Ties: Issues with Establishing a Parent-Child Relationship Via Adult Adoption in Texas and a Potential Solution, 5 Est. Plan. & Community Prop. L.J. 171 (2012). The introduction the the article is below: Country singer and songwriter Chris Young sang about his stepdad in a song released in 2006 titled “He's My Dad.” I'm 6'4”, he's 5'10”, still I look...
When Courts Determine Fees in a System with a Loser Pays Norm
March 20, 2013
Unlike the English rule governing court fees and costs, under which the loser pays litigation costs, and the American rule, under which each party pays its own costs, Israel vests in judges full discretion to assess fees and costs. Given concerns about both the English and American rules, and the absence of empirical information about how either functions, an empirical study of judicial fee award practices should be of general interest. We report evidence that Israeli judges apply multiple de facto...
March 20, 2013
Unlike the English rule governing court fees and costs, under which the loser pays litigation costs, and the American rule, under which each party pays its own costs, Israel vests in judges full discretion to assess fees and costs. Given concerns about both the English and American rules, and the absence of empirical information about how either functions, an empirical study of judicial fee award practices should be of general interest. We report evidence that Israeli judges apply multiple de facto...
Funding Cuts Will Compromise Federal Courts, Judges Tell Congress
March 20, 2013
A federal judge today told Congressional appropriators of sequestration’s dire consequences for the federal courts; "the Judiciary cannot continue to operate at such drastically reduced funding levels without seriously compromising the Constitutional mission of the federal courts." Judge Julia S. Gibbons, chair of the Judicial Conference Budget Committee, testified before the House Appropriations Subcommittee on Financial Services and General Government, along with Judge Thomas F. Hogan, Director...
March 20, 2013
A federal judge today told Congressional appropriators of sequestration’s dire consequences for the federal courts; "the Judiciary cannot continue to operate at such drastically reduced funding levels without seriously compromising the Constitutional mission of the federal courts." Judge Julia S. Gibbons, chair of the Judicial Conference Budget Committee, testified before the House Appropriations Subcommittee on Financial Services and General Government, along with Judge Thomas F. Hogan, Director...
Lessons from Mediators’ Stories
March 20, 2013
This article is part of a symposium discussing the book, Stories Mediators Tell, edited by Eric Galton and Lela Love. The book consists of accounts of 31 actual mediations, followed by reflections of each mediator-author. Some of the chapters tell of extraordinary cases and others are more routine. The mediators’ stories are full of parables not only for mediators but also for lawyers and other dispute resolution professionals. This article highlights three related lessons illustrated by the mediators’...
March 20, 2013
This article is part of a symposium discussing the book, Stories Mediators Tell, edited by Eric Galton and Lela Love. The book consists of accounts of 31 actual mediations, followed by reflections of each mediator-author. Some of the chapters tell of extraordinary cases and others are more routine. The mediators’ stories are full of parables not only for mediators but also for lawyers and other dispute resolution professionals. This article highlights three related lessons illustrated by the mediators’...
Antitrust Settlements: The Culture of Consent
March 20, 2013
The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of our analysis. Consent decrees create potential for an enforcement agency to extract from parties under investigation commitments well beyond what the agency could obtain in litigation — commitments that may impair rather than improve...
March 20, 2013
The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of our analysis. Consent decrees create potential for an enforcement agency to extract from parties under investigation commitments well beyond what the agency could obtain in litigation — commitments that may impair rather than improve...
‘Assassins’ Aim to Reinvent Law
March 20, 2013
You would almost think Daniel Martin Katz was running for office, he's such a travelin' man these days. His blog, computationallegalstudies.com features his travel itinerary, aka "The Campaign Trail," with tightly-scheduled conferences across the globe. On December 10, 2012, it was the ReInventLaw Dubai 2012 Conference; then there were six events before the reprise of ReInventLaw in Silicon Valley on March 8. And so forth, and so on. Monday night, Katz was at Lincoln Center in New York City...
March 20, 2013
You would almost think Daniel Martin Katz was running for office, he's such a travelin' man these days. His blog, computationallegalstudies.com features his travel itinerary, aka "The Campaign Trail," with tightly-scheduled conferences across the globe. On December 10, 2012, it was the ReInventLaw Dubai 2012 Conference; then there were six events before the reprise of ReInventLaw in Silicon Valley on March 8. And so forth, and so on. Monday night, Katz was at Lincoln Center in New York City...
The History and Evolution of Intra-Corporate Forum Selection Clauses: An Empirical Analysis
March 20, 2013
Forum selection provisions are commonly found in the material contracts of publicly traded corporations. But they are exceedingly rare in the organic documents of the same publicly traded entities. Why? This article documents that, as of June 30, 2011, only 133, or 1.49 percent, of publicly traded entities had forum selection provisions in their charters or bylaws. The vast majority of these provisions, 117 (88.0 percent), were adopted after Delaware Chancery’s March 15, 2010, decision in Revlon...
March 20, 2013
Forum selection provisions are commonly found in the material contracts of publicly traded corporations. But they are exceedingly rare in the organic documents of the same publicly traded entities. Why? This article documents that, as of June 30, 2011, only 133, or 1.49 percent, of publicly traded entities had forum selection provisions in their charters or bylaws. The vast majority of these provisions, 117 (88.0 percent), were adopted after Delaware Chancery’s March 15, 2010, decision in Revlon...
SMU 10th Annual Symposium on Emerging Intellectual Property Issues
March 19, 2013
On Friday, March 22, the SMU Dedman School of Law will be hosting its 10th Annual Symposium on Emerging Intellectual Property Issues in Dallas, Texas. This year’s Symposium focuses on the U.S. Court of Appeals for the Federal Circuit and its unique role in the development of the nation's patent law. The folks at SMU have assembled a terrific program with a great lineup of speakers. Speakers at this year's Symposium include: Federal Circuit Judges Raymond C. Clevenger, III, Timothy...
March 19, 2013
On Friday, March 22, the SMU Dedman School of Law will be hosting its 10th Annual Symposium on Emerging Intellectual Property Issues in Dallas, Texas. This year’s Symposium focuses on the U.S. Court of Appeals for the Federal Circuit and its unique role in the development of the nation's patent law. The folks at SMU have assembled a terrific program with a great lineup of speakers. Speakers at this year's Symposium include: Federal Circuit Judges Raymond C. Clevenger, III, Timothy...
