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Articles 1 - 3 of 3

Full-Text Articles in Evidence

The Death Of The American Trial, Robert Burns Dec 2008

The Death Of The American Trial, Robert Burns

Robert P. Burns

This book analyzes and criticizes the loss of one of the great achievements of our public culture, the American trial.


Litigating Groups, Elizabeth Chamblee Burch Dec 2008

Litigating Groups, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

Large-scale litigation, such as the Vioxx, Zyprexa, and asbestos cases, breeds conflict. Conflicts arise between attorneys and their clients (agency problems), plaintiffs and other plaintiffs (group problems), and plaintiffs’ attorneys and other plaintiffs’ attorneys (competition problems). Although these cases cannot be certified as class actions, they still proceed en masse to achieve economies of scale and present a credible threat to defendants. Assuming that coordinating and consolidating large-scale litigation is systemically desirable, this Article explores a new approach to removing the group and agency problems that increase aggregate litigation’s costs and undermine its normative goals such as fairness, compensation, and …


Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler Dec 2008

Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler

Steven S. Gensler

No abstract provided.