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Civil Procedure Commons

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Full-Text Articles in Civil Procedure

Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro Oct 2014

Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

All Faculty Scholarship

The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.

As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to …


16th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2014, Department Of Attorney General, State Of Rhode Island Aug 2014

16th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2014, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Class Action In The Age Of Twitter: A Dispute Systems Approach, Jeremy Mcclane Jan 2014

Class Action In The Age Of Twitter: A Dispute Systems Approach, Jeremy Mcclane

Faculty Articles and Papers

No abstract provided.


The Jury And Participatory Democracy, Alexandra Lahav Jan 2014

The Jury And Participatory Democracy, Alexandra Lahav

Faculty Articles and Papers

Citizens directly participate in the civil justice system in three ways. They can be sued, they can sue another, and they can serve on a jury. Beyond that involvement, the court system is peopled by professionals: judges, lawyers, clerks, and administrators. This Essay considers the reasons our society might want citizens to directly participate as adjudicators in the third branch.


Roadblocks To Access To Justice: Reforming Ethical Rules To Meet The Special Needs Of Low-Income Clients, Louis S. Rulli Jan 2014

Roadblocks To Access To Justice: Reforming Ethical Rules To Meet The Special Needs Of Low-Income Clients, Louis S. Rulli

All Faculty Scholarship

The nation’s growing justice gap has left the poor with far too little access to legal representation, even in the most serious of civil matters. With poverty rates approaching their highest levels in the last fifty years, the poor struggle to hold on to their homes, their jobs, and their families, frequently overmatched by superior resources and an abundance of opposing lawyers representing corporations, government, and well-heeled interests. Non-profit lawyers struggle to provide limited assistance to the poor in high volume, community settings, or in courtroom corridors and on telephone hot lines. It is in these non-traditional settings that lawyers …