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Transactionalism Costs, Alan M. Trammell
Transactionalism Costs, Alan M. Trammell
Scholarly Articles
Modern civil litigation is organized around the “transaction or occurrence,” a simple and fluid concept that brings together logically related claims in one lawsuit. It was a brilliant innovation a century ago, but its time has passed. Two inherent defects always lurked within transactionalism, but modern litigation realities have exacerbated them. First, transactionalism represents a crude estimate about the most efficient structure of a lawsuit. Often that estimate turns out to be wrong. Second, the goals of transactionalism are in tension. To function properly, the transactional approach must be simultaneously flexible (when structuring a lawsuit at the beginning of litigation) …
Against Settlement Of (Some) Patent Cases, Megan M. La Belle
Against Settlement Of (Some) Patent Cases, Megan M. La Belle
Scholarly Articles
For decades now, there has been a pronounced trend away from adjudication and toward settlement in civil litigation. This settlement phenomenon has spawned a vast critical literature beginning with Owen Fiss’s seminal work, Against Settlement. Fiss opposes settlement because it achieves peace rather than justice, and because settlements often are coerced due to power and resource imbalances between the parties. Other critics have questioned the role that courts play (or ought to play) in settlement proceedings, and have argued that the secondary effects of settlement – especially the lack of decisional law – are damaging to our judicial system. Still, …
Interested, But Not Injured: The Compromised Status Of Qui Tam Plaintiffs Under The Amended False Claims Act And The Return Of The Citizen Suit, A.G. Harmon
Scholarly Articles
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