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Articles 61 - 88 of 88
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Structural Reform Prosecution, Brandon L. Garrett
Structural Reform Prosecution, Brandon L. Garrett
Faculty Scholarship
In what I call a structural reform prosecution, prosecutors secure the cooperation of an organization in adopting internal reforms. No scholars have considered the problem of prosecutors seeking structural reform remedies, perhaps because until recently organizational prosecutions were themselves infrequent. In the past few years, however, federal prosecutors adopted a bold new prosecutorial strategy under which dozens of leading corporations entered into demanding settlements, including AIG, American Online, Bristol-Myers Squibb Co., Computer Associates, HealthSouth, KPMG, MCI, Merrill Lynch & Co, Monsanto, and Time Warner. To situate the DOJ's latest strategy, I frame alternatives to the pursuit of structural reform remedies …
An Empirical Study Of Securities Disclosure Practice, Mitu Gulati, Stephen J. Choi
An Empirical Study Of Securities Disclosure Practice, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Using a dataset of sovereign bond offering documents and underlying bond contracts for ten sovereign issuers from 1985-2005, we examine the securities disclosure practices of issuers and attorneys. The sovereign bond market is comprised of sophisticated issuers with highly paid law firms. If anyone complies fully with federal securities disclosure requirements, we expect sovereign issuers and their attorneys to do so. On the other hand, network effects that determine what information issuers chose to disclose as well as the high cost of determining what information is required for disclosure may lead issuers to fail to meet their disclosure duties. We …
Does The Plaintiff Matter?: An Empirical Analysis Of Lead Plaintiffs In Securities Class Actions, James D. Cox, Randall S. Thomas, Dana Kiku
Does The Plaintiff Matter?: An Empirical Analysis Of Lead Plaintiffs In Securities Class Actions, James D. Cox, Randall S. Thomas, Dana Kiku
Faculty Scholarship
With the enactment of the Private Securities Litigation Reform Act of 1995 (PSLR) the U.S. Congress introduced sweeping substantive and procedural reforms for securities class actions. A central provision of the Act is the lead plaintiff provision, which creates a rebuttable presumption that the investor with the largest financial interest in a securities fraud class action should be appointed the lead plaintiff for the suit. The lead plaintiff provision was adopted to encourage a class member with a large financial stake to become the class representative. Congress expected that such a plaintiff would actively monitor the conduct of a securities …
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
Faculty Scholarship
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain types of agency decisions has recently been championed by the White House and proponents in Congress. Indeed, this past January the Office of Management and Budget finalized guidelines requiring peer review for large classes of agency activities. These initiatives have not gone unchallenged, and a fierce debate has resulted between those who claim peer review will strengthen the scientific basis of agency decisions and those …
Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar
Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar
Faculty Scholarship
A report to the Illinois State Bar Association of a study examining the incidence, frequency, size of verdicts and other aspects of the medical malpractice system in Illinois. The study looked at statewide data where available, concentrating on Cook and DuPage counties, and Madison and St. Clair counties. The study concludes that the Illinois tort system does not appear to be the cause of the undisputed fact that doctors' liability insurance premiums showed dramatic rises.
Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, James D. Cox, Randall S. Thomas
Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, James D. Cox, Randall S. Thomas
Faculty Scholarship
In a pilot study we published two years ago, we reported that nearly two-thirds of the institutional investors with financial losses in 53 settled securities class actions fail to submit claims. As a consequence of this failure substantial sums they were entitled to receive were given to others. This article presents the results of a much more extensive investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a much larger set of settlements with the results of a survey of institutional investors about their claims filing practices. Consistent …
Who Are Those Guys? An Empirical Examination Of Medical Malpractice Plaintiffs’ Attorneys, Thomas B. Metzloff, Catherine T. Harris, Ralph A. Peeples
Who Are Those Guys? An Empirical Examination Of Medical Malpractice Plaintiffs’ Attorneys, Thomas B. Metzloff, Catherine T. Harris, Ralph A. Peeples
Faculty Scholarship
Abstract not available
Common-Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kimberly D. Krawiec, Kathryn Zeiler
Common-Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kimberly D. Krawiec, Kathryn Zeiler
Faculty Scholarship
Since ancient times, legal scholars have explored the vexing question of when and what a contracting party must disclose to her counterparty, even in the absence of explicit misleading statements. This fascination has culminated in a set of claims regarding which factors drive courts to impose disclosure duties on informed parties. Most of these claims are based on analysis of a small number of non-randomly selected cases and have not been tested systematically. This article represents the first attempt to systematically test a number of these claims using data coded from 466 case decisions spanning over a wide array of …
The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Kimberly D. Krawiec, Scott Baker
The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Kimberly D. Krawiec, Scott Baker
Faculty Scholarship
Since the rapid rise in organizational forms for business associations, academics and practitioners have sought to explain the choice of form rationale. Each form contains its own set of default rules that inevitably get factored into this decision, including the extent to which each individual firm owner will be held personally liable for the collective debts and obligations of the firm. The significance of the differences in these default rules continues to be debated. Many commentators have advanced theories, most notably those based on unlimited liability, profit-sharing, and illiquidity, asserting that the partnership form provides efficiency benefits that outweigh any …
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Network externalities may lead contracting parties to stay wiht a "standardized" term despite preferences for another term. Using a dataset of sovereign bond offerings from 1995 to early 2004, we test the importance of standardization for the modification provisions relating to payment terms. We provide evidence that (1) standardization may lead parties to adopt provisions not necessarily out of preference and (2) standards, nonetheless, may change. The process of change, however, is not necessarily quick or straightforward. In the sovereign bond context, change came by way of an "interpretive shock." Contracts with modification provisions requiring the unanimous consent of bondholders …
Choosing The Next Supreme Court Justice: An Empirical Ranking Of Judge Performance, Mitu Gulati, Stephen J. Choi
Choosing The Next Supreme Court Justice: An Empirical Ranking Of Judge Performance, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
The judicial appointments process has grown increasingly frustrating in recent years. Both sides claim that their candidates are the "most meritorious" and yet this is seldom any discussion of what constitutes merit. Instead, the discussion moves immediately to the candidates' likely positions on hot-button political issues like abortion, gun control, and the death penalty. One side claims that it is proposing certain candidates based on merit, while the other claims that the real reason for pushing those candidates is their ideology and, in particular, their likely votes on key hot-button issues. With one side arguing merit and the other side …
Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor
Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor
Faculty Scholarship
Although many studies have used information at the school level to measure the degree of racial segregation between schools, the absence of more detailed data has limited the analysis of segregation within schools. Using a rich set of administrative data on North Carolina public schools, we examine patterns of enrollment both across and within schools, allowing us to assess the comparative importance of segregation of each type and how they interact. To examine patterns in upper as well as lower grades, we perform separate tabulations for 1st, 4th, 7th, and 10th grades. The data make possible what we believe to …
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Faculty Scholarship
This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …
The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Faculty Scholarship
In medical malpractice litigation, how the standard of care is determined is of obvious importance, since failure by a defendant-physician to meet the relevant standard of care constitutes negligence. Any effort to reform how standard-of-care determinations are made should start with an understanding of the entire claims resolution process. The usual image--that of opposing experts testifying at trial--is both incomplete and misleading. Most cases are either settled by the parties or abandoned by the plaintiff, short of trial. We reviewed insurers' closed claims files, representing a sample of medical malpractice lawsuits filed in North Carolina between 1991 and 1995, as …
The Happy Charade: An Empirical Examination Of The Third Year Of Law School, Mitu Gulati, Richard Sander, Robert Sockloskie
The Happy Charade: An Empirical Examination Of The Third Year Of Law School, Mitu Gulati, Richard Sander, Robert Sockloskie
Faculty Scholarship
No abstract provided.
Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose
Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose
Faculty Scholarship
In recent years there have been numerous proposals for punitive damage reform. Proponents of such reform have often asserted that punitive damages are both common and exorbitant. In this Article, Professor Vidmar and Dr. Rose examine the validity of these and other empirical claims about punitive damages. They do so by studying punitive damage awards reported in the Florida Jury Verdict Reporter. Ultimately, they conclude that there is no empirical support for the claims made by proponents of tort refrom in Florida.
Should We Rush To Reform The Criminal Jury?: Consider Conviction Rate Data, Neil Vidmar, Sara Sun Beale, Mary R. Rose, Laura F. Donnelly
Should We Rush To Reform The Criminal Jury?: Consider Conviction Rate Data, Neil Vidmar, Sara Sun Beale, Mary R. Rose, Laura F. Donnelly
Faculty Scholarship
No abstract provided.
Empirical Evidence On Settlement Devices: Does Rule 68 Encourage Settlement?, Thomas D. Rowe Jr., David A. Anderson
Empirical Evidence On Settlement Devices: Does Rule 68 Encourage Settlement?, Thomas D. Rowe Jr., David A. Anderson
Faculty Scholarship
No abstract provided.
Pap And Circumstance: What Jury Verdict Statistics Can Tell Us About Jury Behavior And The Tort System, Neil Vidmar
Pap And Circumstance: What Jury Verdict Statistics Can Tell Us About Jury Behavior And The Tort System, Neil Vidmar
Faculty Scholarship
No abstract provided.
Are Juries Competent To Decide Liability In Tort Cases Involving Scientific/Medical Issues? Some Data From Medical Malpractice, Neil Vidmar
Faculty Scholarship
No abstract provided.
To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart
To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart
Faculty Scholarship
This note reexamines the generally accepted belief that persons with discrimination-related grievances are much less likely to complain about their problem than are persons with grievances arising from consumer purchases, torts, or other common kinds of personal problems. We find that previously reported analyses greatly overstate the gap between complaining in discrimination problems and other kinds of problems. Drawing on data from three surveys, each conducted in a different country (the United States, Canada, and Australia), we find that for some types of discrimination problems the level of complaining in fact equals or exceeds complaining in other arenas.
Seeking Justice: An Empirical Map Of Consumer Problems And Consumer Responses In Canada, Neil Vidmar
Seeking Justice: An Empirical Map Of Consumer Problems And Consumer Responses In Canada, Neil Vidmar
Faculty Scholarship
No abstract provided.
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Faculty Scholarship
McEwen and Maiman (1986) have disagreed with my claim that the case characteristic of admitted liability explains more variability in dispute outcome and compliance than whether the case was resolved through a mediation or adjudication forum. Those authors reanalyzed some of my data from an Ontario small claims court and concluded that forum type is the stronger variable. I take issue with them on a number of conceptual and methodological points. In my own reanalysis of the Ontario data I am able to demonstrate statistically that admitted liability is the stronger predictor of outcomes. I also discuss why this should …
Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels
Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels
Faculty Scholarship
No abstract provided.
The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar
The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar
Faculty Scholarship
In this paper disputes are seen as varying along a dimension of admitted liability, that is, the extent to which defendants admit some obligation to plaintiffs; they may admit no liability, partial liability, or full liability. This conceptualization was used in an empirical study of a small claims court. The results paint a portrait of the court that is at variance with most of the previous literature. Consumer issues constitute a substantial portion of the court caseload. On average, defendants, including individual consumers, do well when they dispute claims. Among disputed cases, small rather than large businesses predominate. Prior literature …
The Alienation Of Law Students, Paul D. Carrington, James J. Conley
The Alienation Of Law Students, Paul D. Carrington, James J. Conley
Faculty Scholarship
No abstract provided.
Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington
Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington
Faculty Scholarship
No abstract provided.
United States Appeals In Civil Cases: A Field And Statistical Study, Paul D. Carrington
United States Appeals In Civil Cases: A Field And Statistical Study, Paul D. Carrington
Faculty Scholarship
No abstract provided.