Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg
Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg
Kevin M. Clermont
Professors Clermont and Eisenberg conducted a systematic analysis of appellate court behavior and report that defendants have a substantial advantage over plaintiffs on appeal. Their analysis attempted to control for different variables that may affect the decision to appeal or the appellate outcome, including case complexity, case type, amount in controversy, and whether there had been a judge or a jury trial. Once they accounted for these variables and explored and discarded various alternate explanations, they came to the conclusion that a defendants' advantage exists probably because of appellate judges' misperceptions that trial level adjudicators are pro-plaintiff.
Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg
Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg
Kevin M. Clermont
Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this. Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …
Simplifying The Choice Of Forum: A Reply, Kevin M. Clermont, Theodore Eisenberg
Simplifying The Choice Of Forum: A Reply, Kevin M. Clermont, Theodore Eisenberg
Kevin M. Clermont
We have three things to think about here, as the real estate agents say—“location, location, location.” Accordingly, the two of us have engaged for several years in empirical studies aimed at gauging the effect of forum on case outcome. The results to date strongly suggest that forum really matters. An early piece of the puzzle fell into place in our study of venue. In that article, we examined the benefits and costs of the federal courts scheme of transfer of civil venue “in the interest of justice.” Ours was a pretty straightforward and simple cost-benefit analysis, but we supported it …
Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin Clermont
Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin Clermont
Kevin M. Clermont
Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.” A close reading reveals …
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Kevin M. Clermont
No abstract provided.