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Articles 1 - 8 of 8
Full-Text Articles in Law
On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah
On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah
Articles
This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment.
Nicholas C. Howson's Tribute To Professor William P. Alford, Nicholas C. Howson
Nicholas C. Howson's Tribute To Professor William P. Alford, Nicholas C. Howson
Articles
No abstract provided.
Lawyers Democratic Dysfunction, Leah Litman
Lawyers Democratic Dysfunction, Leah Litman
Articles
As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe—elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral to a well-functioning democracy. These network effects eliminate the possibility of “soft” sanctions on norm violators such as withholding future professional advancement. Thus, rather than enforcing norms and deterring norm violations, the networks serve to insulate norm violators from any meaningful accountability.
Fee-Shifting Statutes And Compensation For Risk, Maureen S. Carroll
Fee-Shifting Statutes And Compensation For Risk, Maureen S. Carroll
Articles
A law firm that enters into a contingency arrangement provides the client with more than just its attorneys' labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state fee shifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation …
The Siren Song Of Litigation Funding, J.B. Heaton
The Siren Song Of Litigation Funding, J.B. Heaton
Michigan Business & Entrepreneurial Law Review
For an investor, litigation funding is too tempting to resist. Litigation funding promises that most elusive of investment returns: those uncorrelated with an investor’s other investment returns. Litigation funding also invests in a world that seems fraught with possible pricing inefficiencies. It seems plausible—even likely—that a team of smart lawyer-underwriters can identify high-value litigation investments to generate superior returns for litigation funding investors. But more than a decade of experience suggests the promise of litigation funding is a siren song. The promise draws investors into the water, but the payoffs may be meager and rare. While litigation funding has always …
Using Transactional Practice Competitions To Introduce Students To Key Deal-Making Skills, Ted Becker, Eric Zacks
Using Transactional Practice Competitions To Introduce Students To Key Deal-Making Skills, Ted Becker, Eric Zacks
Articles
Law school moot court competitions are everywhere. That is a bit of an exaggeration, to be sure, but not by much. At last count, students with an interest in litigation had more than 60 interschool appellate advocacy competitions to choose from, ranging in topics from admiralty to space law to veterans law. Toss in trial advocacy competitions, and the number of opportunities to hone litigation skills increases significantly. And seemingly every law school has its own intraschool litigation competitions, ranging from part of a 1L legal writing program to school-wide appellate advocacy competitions whose final rounds attract prominent judges or …
“A World Of Steel-Eyed Death”: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt
“A World Of Steel-Eyed Death”: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt
University of Michigan Journal of Law Reform
First, we discuss the background of the development of counsel adequacy in death penalty cases. Next, we look carefully at Strickland, and the subsequent Supreme Court cases that appear—on the surface—to bolster it in this context. We then consider multiple jurisprudential filters that we believe must be taken seriously if this area of the law is to be given any authentic meaning. Next, we will examine and interpret the data that we have developed. Finally, we will look at this entire area of law through the filter of therapeutic jurisprudence, and then explain why and how the charade of “adequacy …
What Litigators Can Learn From B Movies, Leonard M. Niehoff
What Litigators Can Learn From B Movies, Leonard M. Niehoff
Articles
We litigators take our guidance when and where we can find it. Sometimes we stumble across it very late at night, on television. Weary, intellectually spent, and pining for entertainment that makes no demands on us, in "the wee small hours of the morning" we find ourselves watching a so-called B movie - a film that had a low production budget or that manages to be bad despite an ample one. And, lo, enlightenment ensues through this unlikeliest of messengers. Submitted for your consideration are some gems from half a dozen movies that most sensible people won't admit watching but …