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Articles 1 - 5 of 5
Full-Text Articles in Legal Ethics and Professional Responsibility
Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs' Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss
Publications
For a major field, employment discrimination suffers surprisingly low-quality plaintiffs' lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs' briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for win-loss rate, bad plaintiffs' briefs far more often yield decisions crediting debatable defenses. These findings are puzzling. In a major legal service market, how …
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
Publications
No abstract provided.
Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun
Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun
Publications
No abstract provided.
Judge Frankel And The Adversary System, William T. Pizzi
Judge Frankel And The Adversary System, William T. Pizzi
Publications
No abstract provided.