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Articles 1 - 21 of 21

Full-Text Articles in Law

Litigation Realities Redux, Kevin M. Clermont Jul 2009

Litigation Realities Redux, Kevin M. Clermont

Cornell Law Faculty Publications

Both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the author stresses the needs for and benefits from understanding and using empirical methods in the study of the adjudicatory system's operation.


What Is The Settlement Rate And Why Should We Care?, Theodore Eisenberg, Charlotte Lanvers Mar 2009

What Is The Settlement Rate And Why Should We Care?, Theodore Eisenberg, Charlotte Lanvers

Cornell Law Faculty Publications

After establishing the importance of knowledge of settlement rates, this article first shows that different research questions can yield different settlement rates. Using data gathered from about 3,300 federal cases in the Eastern District of Pennsylvania (EDPA) and the Northern District of Georgia (NDGA), differing measures of settlement emerge depending on whether one is interested in (1) settlement as a proxy for plaintiffs’ litigation success, or (2) settlement as a measure of litigated disputes resolved without final adjudication. Using settlement as a proxy for plaintiff success, we estimate the aggregate settlement rate across case categories in the two districts to …


Three’S A Crowd: A Feminist Critique Of Calabresi And Melamed’S One View Of The Cathedral , Jeanne L. Schroeder Jan 1999

Three’S A Crowd: A Feminist Critique Of Calabresi And Melamed’S One View Of The Cathedral , Jeanne L. Schroeder

Cornell Law Review

No abstract provided.


Justification In Private Law , Kenneth W. Simons Mar 1996

Justification In Private Law , Kenneth W. Simons

Cornell Law Review

No abstract provided.


Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer May 1995

Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer

Cornell Law Review

No abstract provided.


Individualized Justice Mass Torts And Settlement Class Actions: An Introduction , Roger C. Cramton May 1995

Individualized Justice Mass Torts And Settlement Class Actions: An Introduction , Roger C. Cramton

Cornell Law Review

No abstract provided.


Market Approach To Tort Reform Via Rule 23, Jonathan R. Macey, Geoffrey P. Miller May 1995

Market Approach To Tort Reform Via Rule 23, Jonathan R. Macey, Geoffrey P. Miller

Cornell Law Review

No abstract provided.


When Does The Clock Start Ticking?: Applying The Statute Of Limitations In Asbestos Property Damage Actions , Alex J. Grant Mar 1995

When Does The Clock Start Ticking?: Applying The Statute Of Limitations In Asbestos Property Damage Actions , Alex J. Grant

Cornell Law Review

No abstract provided.


National Health Care Program: What Its Effect Would Be On American Tort Law And Malpractice Law , Gary T. Schwartz Sep 1994

National Health Care Program: What Its Effect Would Be On American Tort Law And Malpractice Law , Gary T. Schwartz

Cornell Law Review

No abstract provided.


Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice , James A. Henderson Jr., John A. Siliciano Sep 1994

Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice , James A. Henderson Jr., John A. Siliciano

Cornell Law Review

No abstract provided.


Overview Of Feminist Torts Scholarship , Leslie Bender May 1993

Overview Of Feminist Torts Scholarship , Leslie Bender

Cornell Law Review

No abstract provided.


Responsibility For Human Suffering: Awareness Participation And The Frontiers Of Tort Law , Timothy D. Lytton Mar 1993

Responsibility For Human Suffering: Awareness Participation And The Frontiers Of Tort Law , Timothy D. Lytton

Cornell Law Review

No abstract provided.


Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts , James A. Henderson Jr., Aaron D. Twerski Sep 1992

Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts , James A. Henderson Jr., Aaron D. Twerski

Cornell Law Review

No abstract provided.


Death Of Contract And The Rise Of Tort , Robert H. Bork Jul 1992

Death Of Contract And The Rise Of Tort , Robert H. Bork

Cornell Law Review

No abstract provided.


Uncertainty Chaos And The Torts Process: An Economic Analysis Of Legal Form , Jason Scott Johnston Jan 1991

Uncertainty Chaos And The Torts Process: An Economic Analysis Of Legal Form , Jason Scott Johnston

Cornell Law Review

No abstract provided.


Ethics And The Economics Of Tort Liability Insurance , Gary T. Schwartz Jan 1990

Ethics And The Economics Of Tort Liability Insurance , Gary T. Schwartz

Cornell Law Review

No abstract provided.


Critics And The Crisis A Reassessment Of Current Conceptions Of Tort Law , Steven D. Smith May 1987

Critics And The Crisis A Reassessment Of Current Conceptions Of Tort Law , Steven D. Smith

Cornell Law Review

No abstract provided.


Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery , Margaret V. Sachs Nov 1985

Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery , Margaret V. Sachs

Cornell Law Review

No abstract provided.


Joinder Alternatives In Mass Tort Litigation , Roger H. Trangsrud Jun 1985

Joinder Alternatives In Mass Tort Litigation , Roger H. Trangsrud

Cornell Law Review

No abstract provided.


Innovation And Imitation Artistic Advance And The Legal Protection Of Architectural Works , Elizabeth A. Brainard Nov 1984

Innovation And Imitation Artistic Advance And The Legal Protection Of Architectural Works , Elizabeth A. Brainard

Cornell Law Review

No abstract provided.


Process Constraints In Tort, James A. Henderson Jr. Jun 1982

Process Constraints In Tort, James A. Henderson Jr.

Cornell Law Review

No abstract provided.