Law Commons^™

The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.

What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …

Explaining Constitutional Tort Litigation: The Influence Of The Attorney Fees Statute And The Government As Defendant, Stewart J. Schwab, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.

The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

The Reality Of Constitutional Tort Litigation, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications