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Full-Text Articles in Law
Optimal Lead Plaintiffs, Elizabeth Chamblee Burch
Optimal Lead Plaintiffs, Elizabeth Chamblee Burch
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Adequate representation in securities class actions is, at best, an afterthought and, at worst, usurped and subsumed by the Private Securities Litigation Reform Act’s lead-plaintiff appointment process. Once appointed, the lead plaintiff bears a crushing burden: Congress expects her to monitor the attorney, thwart strike suits, and deter fraud, while judges expect her appointment as the “most adequate plaintiff” to resolve intra-class conflicts and adequate-representation problems. But even if she could be all things to all people, the lead plaintiff has little authority to do much aside from appointing lead counsel. Plus, class members in securities-fraud cases have diverse preferences …
Narrative Preferences And Administrative Due Process, Jason A. Cade
Narrative Preferences And Administrative Due Process, Jason A. Cade
Scholarly Works
This Article illustrates, through sociolinguistic analysis, how an adjudicator’s biases against certain narrative styles can influence his or her assessments of credibility, treatment of parties, and decision-making in the administrative law setting. Poverty lawyers have long observed that many claimants in the administrative state continue to face procedural and discursive obstacles. Applying insights from a growing field of inter-disciplinary research, including conversation analysis, linguistics, and cognitive studies, this Article builds upon those observations by more precisely exploring through a case study of an unemployment insurance benefits hearing how structural and narrative biases can work to deny an applicant due process …
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education Lawyering, Dean Rivkin
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education Lawyering, Dean Rivkin
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The struggle for equal educational opportunity for students with disabilities whose families have few resources is waged daily within the framework of the Individuals with Disabilities Education Act (IDEA), a complex entitlement statute. Unlike the progress made under the IDEA for their wealthier peers, low-income children are not reaping the educational benefits that effective advocacy has achieved for students with disabilities who can afford determined, skilled and knowledgeable experts to navigate the highly technical mandates of the law. But in the current landscape of retrenchment, the more "smart" corrections that advocates and lawyers can formulate, the greater the likelihood that …
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt
Scholarly Works
No abstract provided.