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Full-Text Articles in Law
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Dru Stevenson
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior—including their willingness to negotiate a settlement – based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing counsel in similar cases. Today, however, technology for leveraging legal data is moving the practice of law into the shadow of the trends and patterns observable in …
Fcpa Sanctions: Too Big To Debar?, Dru Stevenson
Fcpa Sanctions: Too Big To Debar?, Dru Stevenson
Dru Stevenson
The Foreign Corrupt Practices Act (FCPA) criminalizes bribery of foreign government officials; enforcement actions against corporations under the FCPA have been increasingly significantly in the last few years. There is an ongoing problem, however, with the sanctions for FCPA violations: enforcement agencies (DOJ and SEC) have limited themselves to fines, civil penalties, and occasional imprisonment of individual violators. Debarment from future federal government contracts, even temporarily, is an unused sanction for FCPA violations, even though Congress provided for this punishment by statute. Debarment would be a far more potent deterrent than fines and penalties, if the government were serious about …
A Million Little Takings, Dru Stevenson
A Million Little Takings, Dru Stevenson
Dru Stevenson
IOLTA programs are a very popular mechanism for funding legal services for the poor, and are now operating in every state. As a result, however, IOLTA has become the most frequent and widespread instance of government takings of private property in America. The post-Kelo era has seen increasing legislative restrictions on takings, and the post-Kelo reforms in several states appear to have inadvertently made their respective IOLTA programs illegal by banning all takings where the government immediately gives the taken property to another private party (in this case, private poverty-law foundations and legal aid clinics). IOLTA takings also highlight a …