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Recent Articles in Litigation
Amgen And The Fraud-On-The-Market Class Action: Frozen In Time?, Donald C. Langevoort 
Georgetown University Law Center
Amgen And The Fraud-On-The-Market Class Action: Frozen In Time?, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
The Supreme Court’s 2013 Amgen decision addressed whether a “merits” issue—the materiality of the alleged misstatement or omission—is such a predicate to the fraud-on-the-market presumption established in Basic Inc. v. Levinson that it must be proved (or at least subject to rebuttal) as part of class certification. The Court said no by a 6-3 majority, surprising many. This paper is a reader’s guide to Amgen and the future of the presumption of reliance. It explains the surprise (the pro-plaintiff outcome in contrast to the general trend in the class action case law) as a consequence of ...
The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave 
NELLCO
The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave
New York University Law and Economics Working Papers
The streamlined administrative program that BP set up to pay claims arising out of the Deepwater Horizon Oil spill—the Gulf Coast Claims Facility (GCCF)—promised a significant transaction-cost savings over litigation in the public court system. At least in theory, that savings should have worked to the benefit of BP and claimants alike, freeing up money that would otherwise have gone to lawyers and other litigation costs to fund claimants’ recoveries. But a comparison of the GCCF to the class action settlement that replaced it reveals that the class settlement will result in greater payments to claimants. Paradoxically, the ...
Copyright Infringement Markets, Shyamkrishna Balganesh 
University of Pennsylvania Law School
Copyright Infringement Markets, Shyamkrishna Balganesh
Faculty Scholarship
Should copyright infringement claims be treated as marketable assets? Copyright law has long emphasized the free and independent alienability of its exclusive rights. Yet, the right to sue for infringement — that copyright law simultaneously grants authors in order to render its exclusive rights operational — has never been thought of as independently assignable, or indeed as the target of investments by third parties. As a result, discussions of copyright law and policy rarely ever consider the possibility of an acquisition or investment market emerging for actionable copyright claims, and the advantages that such a market might hold for copyright’s goals ...
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank University of Pennsylvania Law School
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank
Faculty Scholarship
In this article I describe the status quo in the area of foreign judgment recognition, with attention to the tension between domestic interests and international cooperation. Precisely because the future of the status quo is in doubt, I then consider current proposals for change, particularly the effort to implement the Hague Choice of Court Convention in the United States. Prominent among the normative questions raised by my account is whose interests, in addition to the litigants’ interests, are at stake – those of the United States, those of the several states, or those of interest groups waving a federal or state ...
The Uneasy Case Against Copyright Trolls, Shyamkrishna Balganesh University of Pennsylvania Law School
The Uneasy Case Against Copyright Trolls, Shyamkrishna Balganesh
Faculty Scholarship
The copyright troll and the phenomenon of copyright trolling have thus far received surprisingly little attention in discussions of copyright law and policy. A copyright troll refers to an entity that acquires a tailored interest in a copyrighted work with the sole objective of enforcing claims relating to that work against copiers in a zealous and dogmatic manner. Not being a creator, distributor, performer, or indeed user of the protected work, the copyright troll operates entirely in the market for copyright claims. With specialized skills in monitoring and enforcing copyright infringement, the troll is able to lower its litigation costs ...
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva 
Maurer School of Law: Indiana University
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
IP Theory
No abstract provided.
The Expansion Of Trademark Rights In Europe, Irina Pak Maurer School of Law: Indiana University
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.
Public Duties, Private Rights: Privacy
And Unsubstantiated Allegations
In Washington’S Public Records Act, Robert E. Miller 
Seattle University School of Law
Public Duties, Private Rights: Privacy And Unsubstantiated Allegations In Washington’S Public Records Act, Robert E. Miller
Seattle University Law Review
Open government laws allow private citizens to monitor public servants. But this vital function of access presents a clash of competing interests: the privacy of public employees versus the public’s right to know. Washington’s Public Records Act (PRA) seeks to balance these interests, and the Washington Supreme Court has fought to adhere to the PRA’s spirit of open government while creating bright-line rules for the ease of government agencies. The Bainbridge Island Police Guild court held that investigative reports of unsubstantiated allegations of sexual misconduct against public officials are highly offensive to a reasonable person and that ...
A Barrier To Child Welfare Reform: The
Supreme Court’S Flexible Approach To
Federal Rule Of Civil Procedure 60(B)(5)
And Granting Relief To States In
Institutional Reform Litigation, Rachel Dunnington Seattle University School of Law
A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington
Seattle University Law Review
In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history ...
Toward An Empirical And Theoretical
Assessment Of Private Antitrust
Enforcement, Joshua P. Davis, Robert H. Lande Seattle University School of Law
Toward An Empirical And Theoretical Assessment Of Private Antitrust Enforcement, Joshua P. Davis, Robert H. Lande
Seattle University Law Review
The predominant view in the antitrust field has been that private enforcement, and especially class action cases, yields little or no positive results. This Article analyzes these twenty cases, compares and contrasts their analysis with that of our earlier group of forty cases, and draws new insights from the results of all sixty combined. This Article demonstrate that private antitrust litigation has provided a substantial amount of compensation for victims of anticompetitive behavior: at least $33.8 to $35.8 billion. The studies also demonstrate that private antitrust enforcement has had an extremely strong deterrent effect. In fact, this research ...
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen NELLCO
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen
New York University Law and Economics Working Papers
This Chapter provides an economic analysis of medical error employing a model in which physicians who provide suboptimal medical care may have done so knowingly (as in the traditional model) or accidentally. Accidental medical error is a leading cause of medical negligence: many if not most physicians who provided suboptimal care did not know they were doing so but instead misdiagnosed the patient, unintentionally selected the wrong treatment or erred in treatment provision. Accordingly, in order to promote optimal health care markets, malpractice liability must be structured to both induce physicians to want to provide optimal treatments (when they are ...
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen NELLCO
Economic Analysis Of Medical Malpractice Liability And Its Reform, Jennifer Arlen
New York University Public Law and Legal Theory Working Papers
This Chapter provides an economic analysis of medical error employing a model in which physicians who provide suboptimal medical care may have done so knowingly (as in the traditional model) or accidentally. Accidental medical error is a leading cause of medical negligence: many if not most physicians who provided suboptimal care did not know they were doing so but instead misdiagnosed the patient, unintentionally selected the wrong treatment or erred in treatment provision. Accordingly, in order to promote optimal health care markets, malpractice liability must be structured to both induce physicians to want to provide optimal treatments (when they are ...
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor 
University of Maryland Francis King Carey School of Law
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro University of Maryland Francis King Carey School of Law
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro
Journal of Business & Technology Law
No abstract provided.
Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett University of Maryland Francis King Carey School of Law
Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett
Journal of Business & Technology Law
No abstract provided.
Dellinger V. Science Applications International Corporation: Missing An Opportunity To Expand The Meaning Of "Employee" Under The Fair Labor Standards Act, Ashley Sharif University of Maryland Francis King Carey School of Law
Dellinger V. Science Applications International Corporation: Missing An Opportunity To Expand The Meaning Of "Employee" Under The Fair Labor Standards Act, Ashley Sharif
Proxy
No abstract provided.
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen NELLCO
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen
New York University Public Law and Legal Theory Working Papers
Empirical legal studies has transformed economic analysis of malpractice liability. Until recently, economic analysis of malpractice liability has been based on the traditional model of accidents. This model supports the conclusion that malpractice liability may not be needed if health insurers, not physicians, bear treatment costs. Moreover, this analysis implies that even when liability is welfare-enhancing, it need not be mandatory if patients are informed about the costs and benefits of liability. Empirical analysis of medical errors reveals that we cannot rely on the simple model of accidents to analyze optimal malpractice liability because patient safety depends on two different ...
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook Maurer School of Law: Indiana University
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen NELLCO
Reality Check: How Malpractice Facts Changed Malpractice Liability Theory, Jennifer Arlen
New York University Law and Economics Working Papers
Empirical legal studies has transformed economic analysis of malpractice liability. Until recently, economic analysis of malpractice liability has been based on the traditional model of accidents. This model supports the conclusion that malpractice liability may not be needed if health insurers, not physicians, bear treatment costs. Moreover, this analysis implies that even when liability is welfare-enhancing, it need not be mandatory if patients are informed about the costs and benefits of liability. Empirical analysis of medical errors reveals that we cannot rely on the simple model of accidents to analyze optimal malpractice liability because patient safety depends on two different ...
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway 
Pepperdine University
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Popular Institutions
Popular Authors
Cornelia Pillard
Georgetown University Law Center
Theodore Eisenberg
Cornell Law Library
Kevin Clermont
Cornell Law Library
Jeffrey Colon
NELLCO
Michael Knoll
NELLCO
Valerie Hans
Cornell Law Library
Geoffrey Miller
Cornell Law Library
Ann Shalleck
American University Washington College of Law
Paul Rice
American University Washington College of Law
Martin Schwartz
Touro College Jacob D. Fuchsberg Law Center
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Popular Articles
Taking Fiction Seriously: The Strange Results Of Public Officials' Individual Liability Under Bivens, Cornelia Pillard
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers
Fundamentos Del Derecho Procesal Civil
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials
The Calculation Of Prejudgment Interest, Michael Knoll, Jeffrey Colon
Making Out The Monell Claim Under Section 1983
Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated
, Ann Shalleck, Paul Rice
Combining Forces: The Joint Defense Agreement In Civil Litigation
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation
Based on downloads this month