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Articles 1 - 9 of 9
Full-Text Articles in Law
Some Thoughts About The Economics Of Settlement, John Bronsteen
Some Thoughts About The Economics Of Settlement, John Bronsteen
Fordham Law Review
No abstract provided.
The History Of An Idea, Owen M. Fiss
Reexamining The Arguments In Owen M. Fiss, Against Settlement, Kenneth R. Feinberg
Reexamining The Arguments In Owen M. Fiss, Against Settlement, Kenneth R. Feinberg
Fordham Law Review
No abstract provided.
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
The Public Value Of Settlement, Samuel Issacharoff, Robert H. Klonoff
Fordham Law Review
No abstract provided.
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Three Things To Be Against ("Settlement" Not Included), Michael Moffitt
Fordham Law Review
No abstract provided.
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Fordham Law Review
Critics of Owen Fiss’s famous 1984 Against Settlement widely assumed that he indicted alternative dispute resolution (ADR) as intrinsically incapable of promoting public values. This essay, however, suggests that Fiss offered a socially and historically contingent prediction about ADR’s potential to undermine popular commitments to redistributive justice during a period of intense economic liberalization in the United States. To support this rereading, the essay considers how Fiss envisioned the promotion of public values in a different space and time—specifically in international contexts at the turn of this century. Here, he endorsed decentralized, deliberative, and extrajudicial processes, even if he did …
Trouble With All-Or-Nothing Settlements, The Symposium: Aggregate Justice: Perspectives Ten Years After Amchem And Ortiz, Howard M. Erichson
Trouble With All-Or-Nothing Settlements, The Symposium: Aggregate Justice: Perspectives Ten Years After Amchem And Ortiz, Howard M. Erichson
Faculty Scholarship
When defendants settle litigation involving multiple plaintiffs, they often insist that they will settle only if they obtain releases from all or nearly all of the plaintiffs in the group. If a defendant is going to spend money to resolve claims, it prefers to take its hit and move on. As one experienced settlement administrator puts it, when a defendant approaches plaintiffs' lawyers to discuss the settlement of a mass dispute, the "subject might be broached in various terms, [but] the underlying message is the same-'How much will it cost us to get out of all of these cases?" A …
Foreword: Reflections On The Adjudication-Settlement Divide, Howard M. Erichson
Foreword: Reflections On The Adjudication-Settlement Divide, Howard M. Erichson
Fordham Law Review
No abstract provided.
Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein
Comments On Owen M. Fiss, Against Settlement (1984), Hon. Jack B. Weinstein
Fordham Law Review
No abstract provided.