Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (5)
- Civil Procedure (3)
- Social and Behavioral Sciences (3)
- American Politics (2)
- Law and Politics (2)
-
- Political Science (2)
- Public Affairs, Public Policy and Public Administration (2)
- Public Law and Legal Theory (2)
- Public Policy (2)
- Torts (2)
- Criminal Law (1)
- Criminal Procedure (1)
- Judges (1)
- Law and Gender (1)
- Legislation (1)
- Litigation (1)
- Models and Methods (1)
- Policy Design, Analysis, and Evaluation (1)
- Public Administration (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Resolving Cases On The Merits, Jay Tidmarsh
Resolving Cases On The Merits, Jay Tidmarsh
Jay Tidmarsh
Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Laura Moyer
The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Sean Farhang
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Resurrecting Trial By Statistics, Jay Tidmarsh
Resurrecting Trial By Statistics, Jay Tidmarsh
Jay Tidmarsh
“Trial by statistics” was a means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges a tool that made mass aggregation more feasible. After examining the benefits and drawbacks of trial by statistics, this Article suggests an alternative that harnesses many of the positive features of the technique while avoiding its major difficulties. The technique is the “presumptive judgment”: a …
The Languishing Public Safety Doctrine, Brian Gallini
The Languishing Public Safety Doctrine, Brian Gallini
Brian Gallini
The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman
The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman
Thomas E. Baker
No abstract provided.
2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker
2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker
Thomas E. Baker
No abstract provided.
On The Linguistic Design Of Multinational Courts — The French Capture, Mathilde Cohen
On The Linguistic Design Of Multinational Courts — The French Capture, Mathilde Cohen
Mathilde Cohen
Judicial Lobbying, Jonas Anderson
Judicial Lobbying, Jonas Anderson
J. Jonas Anderson
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Sungjoon Cho