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Legal History Commons

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Full-Text Articles in Legal History

Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker Jan 2007

Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker

Washington University Law Review

Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. To test such views, we collected data from a thousand cases in four different jurisdictions. We recorded information about every judicial action over each case’s life, ranging from the demographic characteristics, workload, and experience of the writing judge; to information about the case, including its jurisdictional basis, complexity, attorney characteristics, and motivating legal theory; to information about the individual orders themselves, including the relevant procedural posture and the winning party ...


The Class Action As Political Theory, Martin H. Redish, Clifford W. Berlow Jan 2007

The Class Action As Political Theory, Martin H. Redish, Clifford W. Berlow

Washington University Law Review

We have two goals in this Article. Initially, we seek to alter the nature of the class action debate, by expressly inserting the perspective of political theory. Recognizing how the modern class action is structured may have significant consequences for the foundations of normative political theory, we hope to remove the theoretical superficiality that has characterized much of the modern scholarly debate concerning class actions. While on occasion that debate has touched on questions of political theory, those references are generally superficial or misguided. At the very least, then, we hope to establish that acceptance of one or the other ...