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Perennial Beauty #14
No full texthttps://digitalcommons.law.ggu.edu/perennial_beauty/1015/thumbnail.jp
PAGA Saves the Day Against Forced Arbitration
Get PDFArbitration agreements are becoming increasingly common in the employment setting, with over 60 million Americans being bound by one. In the private sector, 56.2 percent of nonunion employees are bound by mandatory arbitration agreements. In California, 67.4 percent of workplaces are subject to mandatory arbitration. Employees are less likely to win their cases in arbitration than in court. The increase in PAGA lawsuits in recent years is likely associated to the increase in mandatory arbitration agreements. As more employees find themselves without access to the courts, PAGA claims offer the only remaining recourse for employees to have their day in court
Predictive Contracting
Get PDFThis Article examines how contract drafters can use data on contract outcomes to inform contract design. Building on recent developments in contract data collection and analysis, the Article proposes “predictive contracting,” a new method of contracting in which contract drafters can design contracts using a technology system that helps predict the connections between contract terms and outcomes. Predictive contracting will be powered by machine learning and draw on contract data obtained from integrated contract management systems, natural language processing, and computable contracts. The Article makes both theoretical and practical contributions to the contracts literature. On a theoretical level, predictive contracting can lead to greater customization, increased innovation, more complete contract design, more effective balancing of front-end and back-end costs, better risk assessment and allocation, and more accurate term pricing for negotiation. On a practical level, predictive contracting has the potential to significantly alter the role of transactional lawyers by providing them with access to previously unavailable information on the statistical connections between contract terms and outcomes. In addition to these theoretical and practical contributions, the Article also anticipates and addresses limitations and risks of predictive contracting, including technical constraints, concerns regarding data privacy and confidentiality, the regulation of the unauthorized practice of law and the potential for exacerbating information inequalit
NRC Petition: Supplemental Filing No. 4
Get PDFJune 21, 2019 filing to NRC: Supplemental Filing No. 4 and Supplemental Prayer For Relief
