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Full-Text Articles in Law
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Cornell Law Faculty Publications
Disputes over forum often center on whether a case should proceed in state or federal court. Removal to federal court can trigger a costly forum struggle. When a state case is removed to federal court only to be sent back to state court, the time and resources incurred in the detour are a toll on the judicial system and waste parties’ resources. We find erroneous removal to be an increasing problem. From 1993 to 2002, a period when state tort filings noticeably decreased, the number of removed diversity tort cases increased by about 10 percent to about 8,900 per year. …
Third Wave Of Federal Tort Reform: Protecting The Public Or Pushing The Constitutional Envelope, Perry H. Apelbaum, Samara T. Ryder
Third Wave Of Federal Tort Reform: Protecting The Public Or Pushing The Constitutional Envelope, Perry H. Apelbaum, Samara T. Ryder
Cornell Journal of Law and Public Policy
No abstract provided.
Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg
Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg
Cornell Law Faculty Publications
Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of his …
The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski
The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Cornell Law Faculty Publications
"U.S. Juries Grow Tougher on Plaintiffs in Lawsuits," the New York Times page-one headline reads. The story details how, in 1992, plaintiffs won 52 percent of the personal injury cases decided by jury verdicts, a decline from the 63 percent plaintiff success rate in 1989. The sound-byte explanations follow, including the notion that juries have learned that they, as part of the general population, ultimately pay the costs of high verdicts. Similar stories, reporting both increases and decreases in jury award levels, regularly make headlines. Jury Verdict Research, Inc. (JVR), a commercial service that sells case outcome information, often is …
They Can’T Do That Can They? Tort Reform Via Rule 23, Richard L. Marcus
They Can’T Do That Can They? Tort Reform Via Rule 23, Richard L. Marcus
Cornell Law Review
No abstract provided.
Blending Reform Of Tort Liability And Health Insurance: A Necessary Mix , Jeffrey O'Connell
Blending Reform Of Tort Liability And Health Insurance: A Necessary Mix , Jeffrey O'Connell
Cornell Law Review
No abstract provided.
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano
Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.