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Ruby Tuesday, Inc. Order on Application for Attorney\u27s Fees Submitted in Accordance with Court\u27s September 10, 2020 Hearing
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Plagiarism Pedagogy: Why Teaching Plagiarism Should be a Fundamental Part of Legal Education
No full textPlagiarism is essential to good lawyering. The better part of litigation is copying forms and models, and transactional practice is mostly cut and paste. If lawyers aren\u27t plagiarizing, they\u27re committing malpractice. This article argues that law schools should stop punishing plagiarism and start teaching it
What States Can Do to Address Out-of-Network Air Ambulance Bills
No full textOut-of-network air ambulance bills are a pernicious and financially devastating type of surprise medical bill. Courts have broadly interpreted the Airline Deregulation Act to preempt most state attempts to regulate air ambulance billing abuses, so a federal solution is ultimately needed. However, in the absence of a federal fix, states have experimented with a variety of approaches that may survive preemption and provide some protections for their citizen
Winning, Defined? Text-Mining Arbitration Decisions
No full textWho wins in consumer arbitration? Historically, this question has been nearly impossible to answer, as most arbitration proceedings are a private black box, and arbitral forums release only limited summary statistics. One exception is the Financial Industry Regulatory Authority (FINRA), which arbitrates virtually all disputes between investors and stockbroker-dealers, and makes all of its nearly 60,000 written arbitration decisions publicly available in an online database. This Article is the first to use computational text analysis tools to study these decisions, and to construct a measure of the claimants\u27 win, loss, and settlement rates. It is the first installment in an original data analytics project that aggregates dispersed public data and document sets to assess the efficacy of arbitration outcome transparency as an investment protection measure. This Article makes three main contributions. First, the results of our novel study provide a more granular picture of customer experiences in the FINRA forum. We identify settlement as the most frequent outcome, followed by claimant losses, and then wins. In twenty percent of cases, we identify the presence of multiple outcomes per arbitration decision, where a claimant lost some claims but won or settled others, for example. This suggests a greater complexity and nuance in the notion of investor success than FINRA\u27s monetary recovery versus no monetary recovery outcome measure--and previous scholarship--have recognized. Second, we discovered that the structure of FINRA\u27s written arbitration decisions prevents further exploration of the amounts of compensatory damages that claimants recover, if any, compared to the amounts requested. Our final contribution is, therefore, a set of recommendations to FINRA--applicable to other private dispute resolution forums as well--to increase data access, usability, and transparency
Deficit Frame Dangers
Get PDFCivil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice. Specifically, certain civil rights doctrines reward plaintiffs for emphasizing community deficits—or what I term a “deficit frame.” Legal doctrine, in other words, invites legal narratives that track, activate, and reinforce pernicious racial stereotypes. This dynamic, even in the context of well-intended litigation, risks entrenching conditions that drive racial inequality—including the conditions that litigation is often intended to address. To concretize the theory, this Article explores how deficit frames can influence the behavior of four key constituencies who impact—and often undermine—the pursuit of educational equality