Law Commons^™

How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Most lawsuits settle, but some settle later than they should. Too many compromises occur only after protracted discovery and expensive motion practice. Sometimes the delay precludes settlement altogether. Why does this happen? Several possibilities—such as the alleged greed of lawyers paid on an hourly basis—have been suggested, but they are insufficient to explain why so many cases do not settle until the eve of trial. We offer a novel account of the phenomenon of settling on the courthouse steps that is based upon empirical research concerning judgment and choice. Several cognitive illusions—the framing effect, the confirmation bias, nonconsequentialist reasoning, and …

Implicit Racial Attitudes Of Death Penalty Lawyers, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

Defense attorneys commonly suspect that the defendant's race plays a role in prosecutors' decisions to seek the death penalty, especially when the victim of the crime was white. When the defendant is convicted of the crime and sentenced to death, it is equally common for such attorneys to question the racial attitudes of the jury. These suspicions are not merely partisan conjectures; ample historical, statistical, and anecdotal evidence supports the inference that race matters in capital cases. Even the General Accounting Office of the United States concludes as much. Despite McCleskey v. Kemp, in which the United States Supreme Court …

Attorney Fees In Class Action Settlements: An Empirical Study, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

Study of two comprehensive class action case data sets covering 1993-2002 shows that the amount of client recovery is overwhelmingly the most important determinant of the attorney fee award. Even in cases in which the courts engage in the lodestar calculation (the product of reasonable hours and a reasonable hourly rate), the client's recovery generally explains the pattern of awards better than the lodestar. Thus, the time and expense of a lodestar calculation may be wasteful. We also find no robust evidence that either recoveries for plaintiffs or fees of their attorneys increased overtime. The mean fee award in common …

What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

Determining an appropriate fee is a difficult task facing trial court judges in class action litigation. But courts rarely rely on empirical research to assess a fee’s reasonableness, due, at least in part, to the relative paucity of available information. Existing empirical studies of attorney fees in class action cases are limited in scope, and generally do not control for important variables. To help fill this gap, we analyzed data from all state and federal class actions with reported fee decisions from 1993 to 2002 in which the fee and class recovery could be determined with reasonable confidence.

We find …

Inbreeding In Law School Hiring: Assessing The Performance Of Faculty Hired From Within, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This study compares the scholarly impact of inbred entry-level law school faculty members with the scholarly impact of noninbred entry-level law school faculty members. The sample includes 32 law schools and approximately 700 entry-level faculty members. By our measure of performance, scholarly impact as measured by citation frequency, inbred entry-level law school faculty members do not perform as well as noninbred entry-level faculty members.

Ranking And Explaining The Scholarly Impact Of Law Schools, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This article measures 32 law schools' academic reputations by citations to their faculties' works. Yale, Chicago, Harvard, and Stanford rank alone at the top. Seven or eight schools compose the next group. We also explore the relation between scholarly impact and entry-level or lateral hire status, gender, minority status, subjects taught, and years in teaching. Lateral hires systematically outperform entry-level hires. We find no substantial evidence of male-female differences. We find some evidence of lower citations for minority females, but this difference is largely attributable to those in teaching fewer than 8 years. For faculty members in teaching more than …