Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

A simple statistical mediation model. (Photo credit: Wikipedia) I know, you are likely surprised by the title of this post.  You’ve read Construction Law Musings for a while now and know that as a Virginia Supreme Court certified mediator, I have advocated mediation as a great way to resolve your construction disputes short of the expensive and time consuming litigation process. Knowing all of this, you as a reader of this blog (thanks by the way) probably wonder why I think that a mandatory ...
Tags: Law, Wikipedia, Virginia, Construction, Short, Virginia Supreme Court, Richmond VA, ADR, Dispute Resolution, Construction Law, Construction Mediation, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Alternative dispute resolution, Legal Elite

Military-grade drones, coming to a police department near you

First responders laud drones for helping in rescues and negotiations, while some cities like Los Angeles are fighting calls to ground all police drones over privacy concerns. (more…)
Tags: Post, News, Privacy, Safety, Law, Police, Los Angeles, Surveillance, Drone, Militarized Police

Naked and Afraid in the Digital Age: Survival of the Fittest

I didn’t suggest the title. “Naked and Afraid in the Digital Age: Survival of the Fittest” was dreamed up by my Executive Director and some of our creative OBA officers. But I did get to suggest a lot of the content. It embraces some scary, but very useful information for those in our profession. There is still time for Oklahoma Bar Association members to register for this program presented in Tulsa November 1 in conjunction with our OBA Annual Meeting. Registration for the OBA Annual Meetin...
Tags: Law, Marketing, Aba, Nora, Oklahoma Bar Association, FITTEST, Britt Lorish, Jim Calloway, Technology Trends, Darla Jackson, Fittest From Limited Scope Services, Law Jim Calloway, OBA Management Assistance Program, Better Client Service, IRS Audit Manual for Law Firms, Nora Riva Bergman

At the Red Leaf Café...

... you can talk about whatever you want.And you can shop through The Althouse Amazon Portal. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Trees, Ann Althouse, Althouse Amazon Portal, Red Leaf Café

Petition of the day

The petition of the day is: China Agritech, Inc. v. Resh 17-432 Issue: Whether the rule of American Pipe and Construction Co. v. Utah tolls statutes of limitations to permit a previously absent class member to bring a subsequent class action outside the applicable limitations period. The post Petition of the day appeared first on SCOTUSblog.
Tags: Utah, Law, Cases in the Pipeline, China Agritech Inc, Resh, American Pipe and Construction Co

Federal Circuit Review of the PTAB

By Jason Rantanen I’m presenting some data from the Compendium of Federal Circuit Decisions later today at Chicago-Kent’s terrific conference on The Power of the PTAB.  Below are a few of the graphs I’ll be showing, along with a bonus graph involving Federal Circuit review of inter partes review proceedings.  All data is through October 17, 2017. This first graph shows the distribution of dispute types in opinions and Rule 36 summary affirmances that arise from the USPTO.  Unsurprisingly, most o...
Tags: Law, Patent, Dennis, Federal Circuit, Crouch, Federal Circuit Review, PTAB, Jason Rantanen, CBMR, Chicago Kent, Federal Circuit Decisions, Louis Constantinou Sarah Jack, Brett Winborn

Wyoming Women’s Antelope Hunt Recognized Hunter Achievements

Wyoming Women's Antelope Hunt LAMAIE, Wyo. -( Recognizing the achievements of hunters, Ashlee Lundvall, 2013 Ms. Wheelchair USA and a special guest hunter at the 2014 hunt, handed out awards during a ceremony at the fifth annual Wyoming Women's Antelope Hunt.The hunt was held Oct. 12-15, 2017 at the Ranch at Ucross in northeastern Wyoming. In 2013, the Wyoming Women's Foundation created the hunt to promote camaraderie and mentorship through hunting.The event's dinner and auction,...
Tags: Instagram, Guns, Wyoming, Hunting, North America, Boone, Oklahoma City, Antelope, Cheyenne, Missoula, Theodore Roosevelt, Shooting Industry News, Boone Crockett, Sportsman Channel, Annie Oakley, Antelope Hunting

Friday round-up

Briefly: Subscript offers a graphic explainer on Wilson v. Sellers, which asks whether a federal court in a habeas case should “look through” a summary state-court ruling to review the last reasoned state-court decision. At The Federalist, Margot Cleveland suggests that this week’s most significant Supreme Court order concerned an administrative-law case the justices’ didn’t take, and that “Monday’s order in Scenic America [v. Department of Transportation] provides the first evidence that [Just...
Tags: Mississippi, Supreme Court, Law, Colorado, Court, New York Times, New Jersey, Ncaa, Evans, Associated Press, Chevron, Department Of Transportation, Sellers, Wilson, Round-up, U S Supreme Court

Petition of the day

The petition of the day is: Ferrellgas Partners, L.P. v. Morgan-Larson, LLC 17-441 Issue: Whether, or in what circumstances, a plaintiff adequately pleads a “continuing violation” of the antitrust laws, sufficient to satisfy the statute of limitations, by alleging continuing sales during the limitations period when the alleged price-fixing conspiracy was formed outside the limitations period. The post Petition of the day appeared first on SCOTUSblog.
Tags: Law, Cases in the Pipeline, Ferrellgas Partners L P, Morgan Larson LLC

Presentation on Environmental Claims at HSBA Bar Convention

    Yesterday, I had the pleasure of speaking to the Energy, Environment and Resources section of the Hawaii State Bar Association at the HSBA's annual convention. My colleague, Peter Mintzer, and I addressed environmental insurance claims. Power point presentation available upon request.   [Author: Tred Eyerly]
Tags: Insurance, Administrative, Tred Eyerly, Hawaii State Bar Association, HSBA, Peter Mintzer

The Gripping Hand: A Pragmatic Perspective on Improving Infantry Lethality Through Marksmanship

In examining the future of infantry capability, we must not only be aware of potential technological solutions, but of the need to re-think and re-work what it means to train and prepare troops for future battlefields. At the core of this is the simple matter of man and rifle, of marksmanship. Yet in this, we […] Read More … The post The Gripping Hand: A Pragmatic Perspective on Improving Infantry Lethality Through Marksmanship appeared first on The Firearm Blog.
Tags: Guns, Future, Training, History, Culture, Military, Army, Battle, Marine Corps, Precision, Qualifications, Standards, M4, Sniper, Usmc, AR 15

"I could have hit him, I could have hurt him ... but something in me said, ‘You know what? He just needs love.'"

, a 31-year-old African-American high school football coach, about why he hugged a man who was wearing a swastika T-shirt. At the link is the viral video of the hug, with Courtney saying "Why don’t you like me, dog?"“I had the opportunity to talk to someone who hates my guts and I wanted to know why. During our conversation, I asked him, ‘Why do you hate me? What is it about me? Is it my skin color? My history? My dreadlocks?’” he told the Daily News.But the man simply looked off into the distan...
Tags: Protest, Law, Love, Daily News, Courtney, Hugs, Ambiguity, Race Consciousness, Ann Althouse, Swastika, Furniss, Randy Furniss

Blogging better: how to not write a like a lawyer

Writing, posting and sharing blogs by @Lihsa I’ve been blogging for over ten years now. And during that time, I’ve learned a thing or two about the craft.Blogging has quite a distinctive style. There are a couple of ways I could go with this post: talk about the art of writing, posting techniques or ways to share your post. How about all three? Writing a blog post Writing a blog post is as simple as writing an email. Literally. It should be just as conversational, just as casual...
Tags: Google, Facebook, Post, Writing, Law, Social Media, Blogging, LinkedIn Twitter Facebook, Lihsa

Chief Justice Salmon Chase on the permanency of the Union, and Cynthia Nicoletti on Chase’s political ambitions

In Texas v. White in 1869, Chief Justice Salmon Chase famously wrote for the Supreme Court that the “Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States.” Chase’s opinion rejecting state secession may seem today like a foregone conclusion, an unsurprising legal corollary to the Union’s victory on the battlefield. For the court-watchers of the 1860s – #AppellateQuillPens – the ruling was much less obvious, especially given its author. Just one y...
Tags: Texas, Featured, Supreme Court, Law, Virginia, United States, Chase, Davis, Ohio, Lincoln, Republican Party, Johnson, White, Richmond, Abraham Lincoln, Roosevelt

Good Old Hyperlinks

By the time I was figuring out my stance on artificial intelligence, the legal tech talk had already moved on to blockchain. So I decided to write about something even more outdated – hyperlinks. Links are the backbone of (legal) information systems In research information systems we use citation information heavily. In the legal field, the cited-citing connections allow us to group documents into smaller universes. This feature of legal information is being exploited by virtually all providers ...
Tags: Google, Law, Canada, Alberta, Legal Technology, Columbia, PageRank, Lexum, Fastcase Justis, Toronto Don Jail, Jason Groeneveld, MILA Montreal Institute for Learning Algorithms

Afternoon walk.

[Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Trees, Ann Althouse

Channel 9 and donuts

Every company talks about being real, open and authentic and nobody does it it, my company, LexBlog included. Being real, open and authentic requires a a company letting the outside world know what makes the company tick, what they’re working on, what they’re learning, what they’re struggling with and so much more. This message, communication and engagement obviously has to come from the company’s team members – its employees. It sure can’t come from marketing, communications and PR – that woul...
Tags: Google, Facebook, Microsoft, Law, Bill, Seattle, United Airlines, Lexblog, Robert Scoble, Cto, Don, Twitter Facebook, Scoble, Josh Lynch, Shel Israel @shelisrael, Channel 9 Channel 9

"North Koreans are allowed to wear only short hairstyles. There are 28 types of haircuts approved by the country's administration..."

"... 18 for women and 10 for men" — #11 on "Twelve shocking facts about North Korea," according to Pravda.Also:9. One does not allow [sic] to turn the government radio off even in one's own house. One can only turn the volume down a bit. There are special units that track down those who listen to forbidden radio programs, and this crime is punishable by death.And:12. In the event of a fire, the first thing to rescue from a burning home must be portraits of DPRK leaders.ADDED: What would you save...
Tags: Asia, Europe, Law, North Korea, Russia, Fire, Radio, Hairstyles, Ann Althouse, Too Many Rules, Pravda, The Paradox Of Choice, Georgia M. Spencer, George M Spencer

Touchdown Thursday at Rothco!

Here at Rothco, it is engrained in our company's culture to give back to our community any chance we get. So on Thursday, October 19th, the employees at Rothco had the pleasure of being able to raise some money for charity. Dubbed "Touchdown Thursday", every employee who came to the office in their favorite sports team jersey, Rothco would donate $10 to charity on behalf of the employees. Over 100 employees wore sports jerseys and so Rothco was able to raise over $1,000 to the already growing Ho...
Tags: Charity, Military, Rothco, Rothco NY, Rothco charities, Rothco Gives Back, Rothco Holiday Charity, Touchdown Thursday

Operation Jungle Book targets wildlife traffickers

Tigers, cobras and other endangered animals were showcased Friday in Torrance by U.S Fish and Wildlife Service officials who announced the seizures as part of the largest wildlife trafficking sweep in Southern California history. Operation Jungle Book, a law enforcement initiative led by the Fish and Wildlife Service, resulted in federal charges against 16 defendants who allegedly participated in illegal acts of wildlife smuggling. In addition to the tigers, toddler-size poisonous lizards and ki...
Tags: Hong Kong, Florida, Law, California, Los Angeles, Sport, Soccer, United States, Wildlife, Tyga, Local News, Ventura County, Coke, Southern California, Ventura, U S Customs

50 years ago today: Bigfoot!

I can't believe in Bigfoot. I can't even believe how long the Wikipedia article "Patterson–Gimlin film" is.The Patterson–Gimlin film (also known as the Patterson film or the PGF) is an American short motion picture of an unidentified subject which the filmmakers have said was a Bigfoot. The footage was shot in 1967 in Northern California, and has since been subjected to many attempts to authenticate or debunk it....The film was shot 50 years ago today, if you can believe the filmmakers' account,...
Tags: Law, Wikipedia, Monsters, Fake, Patterson, Northern California, Sanderson, Bluff Creek, Ann Althouse, Patterson Gimlin, Gimlin, Ivan T Sanderson, Pat Graves, Laird Meadows

Utah’s 2017 Pheasant Hunt Runs November 4 Through December 3

Utah’s 2017 Pheasant Hunt Runs November 4 Through December 3 USA -( Few experiences in the outdoors will cause your heart to race like a rooster pheasant busting out of cover at your feet. The powerful slap of its wings and the loud, excited call the bird makes can scramble your senses, making it difficult to shoulder your gun before the bird flies out of range.If you gather your senses and make a good shot, though, you’ll bring home one of Utah’s most colorful birds. And, while ...
Tags: Utah, Guns, Hunting, Salt Lake City, Robinson, Utah County, Utah Division of Wildlife Resources, DWR, Hunting News, USA Ammoland, Jason Robinson, Pheasant Hunting, Utah Lake Wetland Preserve, Utah Robinson

WIRTW #481 (the “proof of concept” edition)

When a commenter starts his thoughts with “Hey faggot,” you know you have one for the internet-troll hall of fame. A couple of months ago I wrote a post entitled, When You Discover That You Employ a Nazi. This post generated the above-referenced comment on (which cross-posts my blog daily). The rest of this winning comment? Thank you, Mr. Bryson, for proving my point. Let me also suggest (if you can stomach it) that you check out his account on, which exposes ...
Tags: Hollywood, Law, Colin Kaepernick, Connecticut, Harvey Weinstein, Delaware, Trump, Robin Shea, Bryson, National Association of Insurance Commissioners, Jeff Sessions, Eric Meyer, Jeff Nowak, Ragan, OSHA, Dan Schwartz

"What I did was marginalize the incidents. Anything I say now will sound like a crappy excuse."

Said Quentin Tarantino, accepting responsibility for continuing to work with Harvey Weinstein. Tarantino knew some — who could know all? — of what Weinstein did. He made choices that were in his self-interest at the time, and it has now become so obvious — Mira Sorvino was his girlfriend — that it's also in his self-interest to do a mea culpa now. Here's the article about him, in the NYT.“I knew enough to do more than I did,” he said, citing several episodes involving prominent actresses. “There...
Tags: Hollywood, Law, Poetry, Harvey Weinstein, Nyt, Quentin Tarantino, Sexual Harassment, Lupita Nyong'o, Tarantino, Jackie Brown, Lupita Nyong, Nyong, Harvey, Weinstein, Longfellow, Rose McGowan

"Are the Emoluments Lawsuits Filed Against President Trump Dead?"

"Are the Emoluments Lawsuits Filed Against President Trump Dead?" Sheelah Kolhatkar has this post online at The New Yorker.
Tags: Law, Sheelah Kolhatkar, Trump Dead

Discourtesy Leads To Reprimand

A Michigan attorney agreed to a reprimand by a Tri-County Hearing Panel Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent failed to treat with courtesy and respect a person involved in the legal... [Author: Legal Profession Prof]
Tags: Law, Michigan, Legal Profession Prof, Bar Discipline & Process

"Appeals court delays abortion for undocumented teen; gives government time to find her a sponsor"

"Appeals court delays abortion for undocumented teen; gives government time to find her a sponsor": Maria Sacchetti and Ann E. Marimow of The Washington Post have this report. Alex Swoyer of The Washington Times reports that "Appeals court gives feds 11 days to find sponsor for illegal minor seeking abortion." Brent Kendall and Laura Meckler of The Wall Street Journal report that "Trump Administration Can Block Teenage Illegal Immigrant's Abortion Till Oct. 31; Appeals court rules HHS should f...
Tags: Texas, Law, Court, Cnn, Associated Press, Usa Today, The Washington Post, Wall Street Journal, Appeals Court, Dallas Morning News, Trump, Reuters, BuzzFeed News, Lawrence Hurley, HHS, D C Circuit

The Pentagon Is Being Pressed for Details on the Deadly Attack on U.S. Troops in Niger

Congress is demanding to know what went wrong and why the U.S. was caught by surprise
Tags: News, Justice, Congress, Uncategorized, Military, National Security, Pentagon, Niger, Overnight, Onetime

"There's No Good Decision in the Next Big Data Privacy Case"

"There's No Good Decision in the Next Big Data Privacy Case": Law professor Jennifer Daskal has this essay online at The New York Times.
Tags: Law, Jennifer Daskal

"Judge won't wipe out guilty verdict for Arpaio; Trump pardon ends criminal case but won't 'revise historical facts,' court says"

"Judge won't wipe out guilty verdict for Arpaio; Trump pardon ends criminal case but won't 'revise historical facts,' court says": Josh Gerstein of has this report.
Tags: Law, Trump, Arpaio, Josh Gerstein