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Articles 31 - 51 of 51
Full-Text Articles in Law
Special Incentives To Sue, Margaret H. Lemos
Special Incentives To Sue, Margaret H. Lemos
Faculty Scholarship
In an effort to strengthen private enforcement of federal law, Congress regularly employs plaintiff-side attorneys’ fee shifts, damage enhancements, and other mechanisms that promote litigation. Standard economic theory predicts that these devices will increase the volume of suit by private actors, which in turn will bolster enforcement and encourage more voluntary compliance with the law. This Article challenges the conventional wisdom. I use empirical evidence to demonstrate that special incentives to sue do not dependably generate more litigation. More crucially, when such incentives do work, they often trigger a judicial backlash against the very rights that Congress sought to promote. …
The American Law Institute’S New Principles Of Aggregate Litigation, Sam Issacharoff, Carolyn Kuhl, Francis Mcgovern, Stephanie Middleton, John Beisner
The American Law Institute’S New Principles Of Aggregate Litigation, Sam Issacharoff, Carolyn Kuhl, Francis Mcgovern, Stephanie Middleton, John Beisner
Faculty Scholarship
No abstract provided.
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
Faculty Scholarship
This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.
Response: Anti-Discrimination Law In Peril?, Trina Jones
Response: Anti-Discrimination Law In Peril?, Trina Jones
Faculty Scholarship
No abstract provided.
Why The Chinese Public Prefer Administrative Petitioning Over Litigation, Taisu Zhang
Why The Chinese Public Prefer Administrative Petitioning Over Litigation, Taisu Zhang
Faculty Scholarship
In recent years, the Chinese public, when facing disputes with government officials, have preferred a non-legal means of resolution, the Xinfang system, over litigation. Some scholars explain this by claiming that administrative litigation is less effective than Xinfang petitioning. Others argue that the Chinese have historically eschewed litigation and continue to do so habitually. This paper proposes a new explanation: Chinese have traditionally litigated administrative disputes, but only when legal procedure is not too adversarial and allows for the possibility of reconciliation through court-directed settlement. Since this possibility does not formally exist in modern Chinese administrative litigation, people tend to …
The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos
The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos
Faculty Scholarship
No abstract provided.
Do Differences In Pleading Standards Cause Forum Shopping In Securities Class Actions?: Doctrinal And Empirical Analyses, James D. Cox, Randall S. Thomas, Lynn Bai
Do Differences In Pleading Standards Cause Forum Shopping In Securities Class Actions?: Doctrinal And Empirical Analyses, James D. Cox, Randall S. Thomas, Lynn Bai
Faculty Scholarship
No abstract provided.
Wanting The Truth: Comparing Prosecutions Of Investigative And Institutional Deception, Lisa Kern Griffin
Wanting The Truth: Comparing Prosecutions Of Investigative And Institutional Deception, Lisa Kern Griffin
Faculty Scholarship
Defensive dishonesty in criminal investigations has increasingly been prosecuted without standards for identifying harmful deception or other meaningful checks on prosecutorial discretion. Although they are often grouped together statistically and evaluated as comparable crimes, there is a clear distinction between investigative lies and in-court perjury. The differences between the offenses—including the standards for prosecution, the perceived victim, and the purposes of bringing charges—suggest reasons to reconsider the current approach to investigative lies such as false statements. More truth is produced, and arguably more cooperation results, when the government focuses on the quality of the information flow. The structural protections in …
Hedonic Adaptation And The Settlement Of Civil Lawsuits, John Bronsteen, Christopher J, Buccafusco, Jonathan S. Masur
Hedonic Adaptation And The Settlement Of Civil Lawsuits, John Bronsteen, Christopher J, Buccafusco, Jonathan S. Masur
Faculty Scholarship
This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …
There Are Plaintiffs And … There Are Plaintiffs: An Empirical Analysis Of Securities Class Action Settlements, James D. Cox, Randall S. Thomas, Lynn Bai
There Are Plaintiffs And … There Are Plaintiffs: An Empirical Analysis Of Securities Class Action Settlements, James D. Cox, Randall S. Thomas, Lynn Bai
Faculty Scholarship
In this paper, we examine the impact of the PSLRA and more particularly the impact the type of lead plaintiff on the size of settlements in securities fraud class actions. We thus provide insight into whether the type of plaintiff that heads the class action impacts the overall outcome of the case. Furthermore, we explore possible indicia that may explain why some suits settle for extremely small sums - small relative to the "provable losses" suffered by the class, small relative to the asset size of the defendant-company, and small relative to other settlements in our sample. This evidence bears …
Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr.
Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr.
Faculty Scholarship
This article, part of a symposium marking the fortieth anniversary of the United States District Court for the Central District of California, first surveys the (very considerable) extent to which changes in the Federal Rules of Civil Procedure over the past quarter century have expanded and legitimized the pretrial managerial powers of federal trial-court judges. It then turns to an issue sometimes touched on in prior literature--whether the move toward greater managerialism departs from the "adversarial" model of the judge as passive referee and makes us more like supposedly "inquisitorial" civil-law systems. To the extent that civil-law judges generally exercise …
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
Faculty Scholarship
One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Faculty Scholarship
In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …
Litigators’ Ethics, Michael E. Tigar
Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar
Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young
The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young
Faculty Scholarship
No abstract provided.
Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar
Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Trial Of John Peter Zenger, Michael E. Tigar
The Trial Of John Peter Zenger, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Expenses: The Roadblock To Justice, Maurice Rosenberg, Peter F. Rient, Thomas D. Rowe Jr.
Expenses: The Roadblock To Justice, Maurice Rosenberg, Peter F. Rient, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.