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Full-Text Articles in Law

Time Is Money: An Empirical Assessment Of Non-Economic Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson Jan 2017

Time Is Money: An Empirical Assessment Of Non-Economic Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson

Sturm College of Law: Faculty Scholarship

Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in whether attorneys may quantify damages as time-units of suffering (per diem) or demand a specific amount (lump sum). Either sort of large number could exploit an irrational anchoring effect. We performed a realistic, online, video-based experiment with 732 human subjects. We replicated prior work showing that large lump sum demands drive larger jury verdicts, but surprisingly found no effect of similarly-sized per diem anchors. We did find per diem effects on binary liability outcomes, and thus …


Skills & Values: Discovery Practice, David I.C. Thomson Jan 2017

Skills & Values: Discovery Practice, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Skills & Values: Discovery Practice, Third Edition, is designed to serve as an introduction to the practical application of the discovery rules. The book introduces each discovery topic briefly and then provides a context and structure for exercises and self-study. Skills & Values: Discovery Practice can be used by a professor teaching a full pre-trial course, or one focused just on discovery law. It can be used alone or in conjunction with another pre-trial text, and it can be used with the problem set provided in the appendix or with a professor's own problem set. It also can be …