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Articles 1 - 13 of 13
Full-Text Articles in Law
Adopting The Gay Family, Cynthia Godsoe
Drug Design Liability: Farewell To Comment K, Aaron Twerski, James A. Henderson Jr.
Drug Design Liability: Farewell To Comment K, Aaron Twerski, James A. Henderson Jr.
Faculty Scholarship
No abstract provided.
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Faculty Scholarship
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …
Incorporating Legal Claims, Maya Steinitz
Incorporating Legal Claims, Maya Steinitz
Faculty Scholarship
Recent years have seen an explosion of interest in commercial litigation funding. Whereas the judicial, legislative, and scholarly treatment of litigation finance has regarded litigation finance first and foremost as a form of champerty and sought to regulate it through rules of legal professional responsibility (hereinafter, the "legal ethics paradigm"), this Article suggests that the problems created by litigation finance are all facets of the classic problems created by "the separation of ownership and control" that have been a focus of business law since the advent of the corporate form. Therefore, an "incorporation paradigm," offered here, is more appropriate. "Incorporating …
Appraisal Arbitrage And The Future Of Public Company M&A, Minor Myers, Charles R. Korsmo
Appraisal Arbitrage And The Future Of Public Company M&A, Minor Myers, Charles R. Korsmo
Faculty Scholarship
No abstract provided.
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Faculty Scholarship
No abstract provided.
Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene
Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene
Faculty Scholarship
No abstract provided.
Class Counsel As Litigation Funders, Morris A. Ratner
Class Counsel As Litigation Funders, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Disaggregated Classes, Benjamin P. Edwards
Litigation Isolationism, Pamela K. Bookman
Litigation Isolationism, Pamela K. Bookman
Faculty Scholarship
Over the past two decades, U.S. courts have pursued a studied avoidance of transnational litigation. The resulting litigation isolationism appears to be driven by courts’ desire to promote separation of powers, international comity, and the interests of defendants. This Article demonstrates, however, that this new kind of “avoidance” in fact frequently undermines not only these values but also other significant U.S. interests by continuing to interfere with foreign relations and driving plaintiffs to sue in foreign courts.
This Article offers four contributions: First, it focuses the conversation about transnational litigation on those doctrines designed to avoid it—that is, doctrines that …
The Mdl Vortex Revisited, Thomas B. Metzloff
The Mdl Vortex Revisited, Thomas B. Metzloff
Faculty Scholarship
No abstract provided.
When The Lawyer Screws Up: A Portrait Of Legal Malpractice Claims And Their Resolution, Herbert M. Kritzer, Neil Vidmar
When The Lawyer Screws Up: A Portrait Of Legal Malpractice Claims And Their Resolution, Herbert M. Kritzer, Neil Vidmar
Faculty Scholarship
No abstract provided.
Does The Quality Of The Plaintiffs' Law Firm Matter In Deal Litigation?, David H. Webber, Adam B. Badawi
Does The Quality Of The Plaintiffs' Law Firm Matter In Deal Litigation?, David H. Webber, Adam B. Badawi
Faculty Scholarship
This Article examines how the stock market reacts to the filing of lawsuits against mergers and acquisitions targets as the quality of the plaintiffs’ law firm varies. Our primary dataset includes all cases of this type filed in the Delaware Chancery Court from November 2003–September 2008. We group the law firms that file these suits into higher and lower quality categories using several quantitative and qualitative measures. We hypothesize that target firm share value should reflect the likelihood that litigation will result in an increase in merger consideration. This effect is likely to depend, at least in part, on law …