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Judiciary Reports on Caseload and Activities Released
March 13, 2013
Detailed reports on the fiscal year 2012 caseload of the federal courts and on the activities of the Administrative Office of the United States Courts were released today. Judicial Business of the United States Courts shows a slight shift in caseload in Fiscal Year 2012, the 12-month period ended September 30, 2012. The number of appeals in the federal courts rose 4 percent, while filings in the district courts and bankruptcy courts fell 5 percent and 14 percent, respectively. The number of persons...
March 13, 2013
Detailed reports on the fiscal year 2012 caseload of the federal courts and on the activities of the Administrative Office of the United States Courts were released today. Judicial Business of the United States Courts shows a slight shift in caseload in Fiscal Year 2012, the 12-month period ended September 30, 2012. The number of appeals in the federal courts rose 4 percent, while filings in the district courts and bankruptcy courts fell 5 percent and 14 percent, respectively. The number of persons...
Recent Supreme Court Arbitration Rulings Affect Employment Class Action Arbitrations
March 13, 2013
Professor Kristen Blankley (University of Nebraska College of Law) has posted Recent Supreme Court Arbitration Rulings Affect Employment and Class Action Arbitrations on SSN. It is a short article discussing recent class action arbitration and employment arbitration cases. You may download the article (for free) here.
March 13, 2013
Professor Kristen Blankley (University of Nebraska College of Law) has posted Recent Supreme Court Arbitration Rulings Affect Employment and Class Action Arbitrations on SSN. It is a short article discussing recent class action arbitration and employment arbitration cases. You may download the article (for free) here.
What Is The Most Important Element Of Legal Analysis?
March 12, 2013
I'm still on my SSRN kick for whatever reason, deep diving into obscure law review articles whose totals reads don't amount to one days traffic on Associate's Mind. It's a shame really as there are some worthwhile articles crammed in with the likes of Harry Potter and the Law or whatever. Of course, the other problem is that the authors are publishing articles in Law Reviews - which no one reads. Far better to submit an article to a blog (or set up your own), if you really want to reach people, but I gather...
March 12, 2013
I'm still on my SSRN kick for whatever reason, deep diving into obscure law review articles whose totals reads don't amount to one days traffic on Associate's Mind. It's a shame really as there are some worthwhile articles crammed in with the likes of Harry Potter and the Law or whatever. Of course, the other problem is that the authors are publishing articles in Law Reviews - which no one reads. Far better to submit an article to a blog (or set up your own), if you really want to reach people, but I gather...
Federal Judiciary Braces for Broad Impact of Budget Sequestration
March 12, 2013
Stating that sequestration has put the federal Judiciary "in uncharted territory," a federal judge told the Judicial Conference today that "we face a budget crisis that is unprecedented, one that is not likely to end in the near-term." "We believe we have done all we can to minimize the impact of sequestration, but a cut of this magnitude, particularly so late in the fiscal year, will affect every facet of court operations," Judge Julia Gibbons, chair of the Conference’s Budget Committee, told...
March 12, 2013
Stating that sequestration has put the federal Judiciary "in uncharted territory," a federal judge told the Judicial Conference today that "we face a budget crisis that is unprecedented, one that is not likely to end in the near-term." "We believe we have done all we can to minimize the impact of sequestration, but a cut of this magnitude, particularly so late in the fiscal year, will affect every facet of court operations," Judge Julia Gibbons, chair of the Conference’s Budget Committee, told...
Deciding Whether the Best Lawyers Have Excellent “Slow Brains” Takes Something Other than a Slow Brain
March 12, 2013
Bill and I have been having this friendly debate for a number of years now. I believe the insights of Tversky and Kahneman are fully deserving of every accolade they receive, but they don't answer all the questions. Personally, I think describing a lawyer as a having an excellent Kahnemanian "Slow Brain" is like describing a baseball pitcher as having a 102 mph fastball - it's a necessary but not sufficient ingredient of excellence (you need control as well as velocity). As I've argued at length,...
March 12, 2013
Bill and I have been having this friendly debate for a number of years now. I believe the insights of Tversky and Kahneman are fully deserving of every accolade they receive, but they don't answer all the questions. Personally, I think describing a lawyer as a having an excellent Kahnemanian "Slow Brain" is like describing a baseball pitcher as having a 102 mph fastball - it's a necessary but not sufficient ingredient of excellence (you need control as well as velocity). As I've argued at length,...
Grady on Causation and Foreseeability
March 12, 2013
Mark Grady (UCLA) has posted to SSRN Causation and Foreseeability. The abstract provides: This paper critiques the theory...
March 12, 2013
Mark Grady (UCLA) has posted to SSRN Causation and Foreseeability. The abstract provides: This paper critiques the theory...
12on12: Hotels — Bottom Line, It’s All About Wi-Fi
March 12, 2013
When legal professionals get together, you can just about guarantee that the conversation will, at some point, turn to planes,...
March 12, 2013
When legal professionals get together, you can just about guarantee that the conversation will, at some point, turn to planes,...
The Next Frontier Is Inside Your Brain
March 12, 2013
The Obama administration is planning a multiyear research effort to produce an “activity map” that would show in unprecedented...
March 12, 2013
The Obama administration is planning a multiyear research effort to produce an “activity map” that would show in unprecedented...
The Future of Law as Seen From Silicon Valley
March 12, 2013
What does the future of law practice look like? It will be user-friendly and accessible via bright and fresh retail shops...
March 12, 2013
What does the future of law practice look like? It will be user-friendly and accessible via bright and fresh retail shops...
Proper Standard for Invalidating Arbitration Agreements Based on Prohibitive Costs
March 12, 2013
Richard A. Bales & Mark B. Gerano, Determining the Proper Standard for Invalidating Arbitration Agreements Based on High Prohibitive Costs: A Discussion on the Varying Applications of the Case-by-Case Rule, 14 Transactions: Tenn. J. Bus. L. 57 (2012). Arbitration is a common means of resolving commercial disputes. Although arbitration is an attractive alternative to litigation, arbitration can be disadvantageous to a potential plaintiff because of high costs. The United States Supreme Court...
March 12, 2013
Richard A. Bales & Mark B. Gerano, Determining the Proper Standard for Invalidating Arbitration Agreements Based on High Prohibitive Costs: A Discussion on the Varying Applications of the Case-by-Case Rule, 14 Transactions: Tenn. J. Bus. L. 57 (2012). Arbitration is a common means of resolving commercial disputes. Although arbitration is an attractive alternative to litigation, arbitration can be disadvantageous to a potential plaintiff because of high costs. The United States Supreme Court...
