Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Auctioning Class Settlements, Jay Tidmarsh
Auctioning Class Settlements, Jay Tidmarsh
Jay Tidmarsh
Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems is the issue of agency cost, in which the agents of the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals.
This Essay develops an idea that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at …
Resurrecting Trial By Statistics, Jay Tidmarsh
Resurrecting Trial By Statistics, Jay Tidmarsh
Jay Tidmarsh
“Trial by statistics” was one means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges a tool that made mass aggregation more feasible.
After examining the benefits and drawbacks of trial by statistics, this Article suggests an alternative that harnesses many of the positive features of the technique while avoiding its major difficulties. The technique is the “presumptive judgment”: …
Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder
Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder
Nancy S. Marder
No abstract provided.
The Puzzling Appeal Of Summary Judgment Denials: When Are Such Denials Reviewable?, Joan Steinman
The Puzzling Appeal Of Summary Judgment Denials: When Are Such Denials Reviewable?, Joan Steinman
Joan E. Steinman
No abstract provided.
Jurors And Juries, Nancy Marder