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Full-Text Articles in Law
A Taxing Settlement, Hanoch Dagan, James J. White
A Taxing Settlement, Hanoch Dagan, James J. White
Law Quadrangle (formerly Law Quad Notes)
Citizens sue industries for tort injuries. That is familiar. Governments sue the same industries for costs suffered in ameliorating or preventing those injuries. That is unfamiliar. This new pattern of litigation and settlement inherently puts the government in competition with its citizens.
Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud
Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud
Law Quadrangle (formerly Law Quad Notes)
Few of the suits that are filed continue to trial, but some plaintiffs and defendants find their interests served best by going to trial.
This essay is adapted from "Don’t Try: Civil Jury Verdicts in a System Geared to Settlement," appearing in 44 UCLA Law Review 1 (1996). Publication is by permission. A complete, fully cited version is available from the editor of Law Quadrangle Notes.
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. …