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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 Apr 2020

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 Jan 2017

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 Jan 2011

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 Jan 2010

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 Jan 1985

Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.