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Full-Text Articles in Law

What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab Feb 2015

What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab

Stewart J Schwab

Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …


How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab Feb 2015

How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab

Stewart J Schwab

This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …


The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab Feb 2015

The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab

Stewart J Schwab

No abstract provided.