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Full-Text Articles in Law
Law School News: Your Latest Town Hall Faq 04-22-2020, Roger Williams University School Of Law
Law School News: Your Latest Town Hall Faq 04-22-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Undocumented Licenses, Safer Roads 01-05-2017, Roger Williams University School Of Law
Newsroom: Undocumented Licenses, Safer Roads 01-05-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The American "Rule": Assuring The Lion His Share, James Maxeiner
The American "Rule": Assuring The Lion His Share, James Maxeiner
All Faculty Scholarship
Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in the world. When American civil procedure took shape in the 1840s, American lawyers thought that losing parties ought to indemnify winning parties against all expenses of lawsuits. Yet today, attorneys’ fees – the lion’s share of expenses in the words of the General Report – are not allocated this way. By practice – and not by legal rule – attorneys’ fees fall on the parties that incur them. Those fees are not set by statute or court decision, but by agreement between parties and …
Cost And Fee Allocation In Civil Procedure, James Maxeiner
Cost And Fee Allocation In Civil Procedure, James Maxeiner
All Faculty Scholarship
Court costs in American civil procedure are allocated to the loser ("loser pays") as elsewhere in the civilized world. As Theodor Sedgwick, America's first expert on damages opined, it is matter of inherent justice that the party found in the wrong should indemnify the party in the right for the expenses of litigation. Yet attorneys' fees are not allocated this way in the United States: they are allowed to fall on the party that incurs them (the ''American rule," better, the American practice). According to Albert Ehrenzweig, Austrian judge, emigre and then prominent American law professor, the American practice is …
Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett
Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.