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Full-Text Articles in Legal Profession

Education For Judicial Aspirants, Keith R. Fisher Mar 2013

Education For Judicial Aspirants, Keith R. Fisher

Journal of the National Association of Administrative Law Judiciary

Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …


A Market For Justice: A First Empirical Look At Third Party Litigation Funding, David S. Abrams, Daniel L. Chen Jan 2013

A Market For Justice: A First Empirical Look At Third Party Litigation Funding, David S. Abrams, Daniel L. Chen

All Faculty Scholarship

The alienability of legal claims holds the promise of increasing access to justice and fostering development of the law. While much theoretical work points to this possibility, no empirical work has investigated the claims, largely due to the rarity of trading in legal claims in modern systems of law. In this paper we take the first step toward empirically testing some of these theoretical claims using data from Australia. We find some evidence that third-party funding corresponds to an increase in litigation and court caseloads. Cases with third-party funders are more prominent than comparable ones. While third-party funding may have …