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The Summary Judgment Revolution That Wasn't, Jonathan R. Nash, D. Daniel Sokol Jan 2023

The Summary Judgment Revolution That Wasn't, Jonathan R. Nash, D. Daniel Sokol

Faculty Articles

The U.S. Supreme Court decided a trilogy of cases on summary judgment in 1986. Questions remain as to how much effect these cases have had on judicial decision-making in terms of wins and losses for plaintiffs. Shifts in wins, losses, and what cases get to decisions on the merits impact access to justice. We assemble novel datasets to examine this question empirically in three areas of law that are more likely to respond to shifts in the standard for summary judgment: antitrust, securities regulation, and civil rights. We find that the Supreme Court’s decisions had a statistically significant effect in …


League Structure & Stadium Rent Seeking - The Role Of Antitrust Revisited, David Haddock, Tonja Jacobi, Matthew Sag Jan 2013

League Structure & Stadium Rent Seeking - The Role Of Antitrust Revisited, David Haddock, Tonja Jacobi, Matthew Sag

Faculty Articles

Professional North American sporting teams receive enormous pub for new and renovated stadiums after threatening to depart their hometowns, or by actually moving elsewhere. In contrast, English sporting teams neither receive much public money for such projects, nor move towns. This Article argues that no inherent cultural or political transatlantic variations cause the differences; rather, it is the industrial organization of sports in the two countries-the structure of league control-that enables rent-seeking by American teams but not by their English counterparts. Cross-country time series data contrasting American professional football and baseball stadiums with English soccer grounds support our claim, as …