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Corruption Of The Class Action: The New Technology Of Collusion, John C. Coffee Jr.
Corruption Of The Class Action: The New Technology Of Collusion, John C. Coffee Jr.
Faculty Scholarship
Professor Coffee's article, an oral version of which was given at the Cornell Mass Torts conference, is appearing in the Columbia Law Review. However, because commentators in this volume have responded to it, he has authorized the following summary of his views.
Liability-Based Fee-Shifting Rules And Settlement Mechanisms Under Incomplete Information, Eric Talley
Liability-Based Fee-Shifting Rules And Settlement Mechanisms Under Incomplete Information, Eric Talley
Faculty Scholarship
Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges, academics, and politicians now readily and regularly disagree about how or whether to combat the debilitating litigiousness commonly purported to infect the American Bar. Within this debate, few reform proposals have received as much attention as "fee-shifting" provisions, which, in their most popular incarnation, reallocate litigation costs (particularly attorney's fees) based on the outcome of the liability phase of a trial. This attention is perhaps justified, given the nonuniformity of such rules among industrialized nations. For instance, in the British Commonwealth and much of Continental Europe, …