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Articles 1 - 10 of 10
Full-Text Articles in Law
Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski
Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Rediscovering Discovery Ethics, W. Bradley Wendel
Rediscovering Discovery Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab
Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab
Cornell Law Faculty Publications
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Cornell Law Faculty Publications
"U.S. Juries Grow Tougher on Plaintiffs in Lawsuits," the New York Times page-one headline reads. The story details how, in 1992, plaintiffs won 52 percent of the personal injury cases decided by jury verdicts, a decline from the 63 percent plaintiff success rate in 1989. The sound-byte explanations follow, including the notion that juries have learned that they, as part of the general population, ultimately pay the costs of high verdicts. Similar stories, reporting both increases and decreases in jury award levels, regularly make headlines. Jury Verdict Research, Inc. (JVR), a commercial service that sells case outcome information, often is …
The Contested Role Of The Civil Jury In Business Litigation, Valerie P. Hans
The Contested Role Of The Civil Jury In Business Litigation, Valerie P. Hans
Cornell Law Faculty Publications
According to a recent study, several of the most frequent criticisms of the jury in business cases--that it is pro-plaintiff, that its decisions are based more on sympathy and prejudice than facts, and that it focuses on the defendant's deep pockets--appear to be unfounded.
Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg
Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this.
Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont
Cornell Law Faculty Publications
No abstract provided.
Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont
Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont
Cornell Law Faculty Publications
Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.”
A close reading reveals …
Assessing The Efficacy Of School Desegregation, Michael Heise
Assessing The Efficacy Of School Desegregation, Michael Heise
Cornell Law Faculty Publications
No abstract provided.