Legal History Commons^™

Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers that have been shown to distort litigation decision making, appear to make decisions in a …

The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Cornell Law Faculty Publications

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability. Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article—which, thanks to its subtitle, we shall call The Cathedral—has had a remarkable influence on our own thinking, as we tried to show in a recent paper.

This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom …

Justiciability, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.