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Full-Text Articles in Law
The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok
The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok
Articles
The rapid emergence of the COVID-19 pandemic produced massive state actions to protect in public health through the exercise of the police powers by local, state and national governments. In the United States there were calls early in the crisis to exercise the state’s power over tort law: As early as April 2020, the American Tort Reform Association published a White Paper, Responding to the Coming Lawsuit Surge that called for “reasonable constraints on . . . lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy.”
This article, prepared for …
The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok
The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok
Articles
Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.
Over the past decade, …
An Empirical Investigation Of Third Party Consumer Litigant Funding, Ronen Avraham, Anthony J. Sebok
An Empirical Investigation Of Third Party Consumer Litigant Funding, Ronen Avraham, Anthony J. Sebok
Articles
This is the first large-scale empirical study of consumer third-party litigation funding in the United States. Despite being part of the American legal system for more than two decades there has been almost no real data-driven empirical study to date. We analyzed funding requests from American consumers in over 100,000 cases over a twelve year period. This proprietary data set was provided to us by one of the largest consumer litigation funder in the United States.
Our results are striking and important. We find that the funder plays an important role in the American legal system by screening cases. Our …
The Narrative Of Costs, The Cost Of Narrative, Alexander A. Reinert
The Narrative Of Costs, The Cost Of Narrative, Alexander A. Reinert
Articles
In Judge Victor Marrero’s Article “The Cost of Rules, the Rule of Costs,” he argues that too many lawyers use too many procedural devices to cause too much inefficiency within our civil justice system. His Article helpfully asks us to focus on the role of the lawyer and law firm economics in assessing how to solve waste and abuse in civil litigation. He proposes an array of procedural changes to address these perceived problems. In this response, I argue that Judge Marrero’s assertions about costs are questionable, given relevant empirical evidence. Moreover, although I am confident that there are instances …
Chinese Companies And U.S. Class Actions: Securities Litigation And Product Liability, Geoffrey Sant, Charles M. Yablon, Stephen A. Radin, Kayvan Sadeghi, Christopher Seeger, Richard H. Silberberg
Chinese Companies And U.S. Class Actions: Securities Litigation And Product Liability, Geoffrey Sant, Charles M. Yablon, Stephen A. Radin, Kayvan Sadeghi, Christopher Seeger, Richard H. Silberberg
Articles
No abstract provided.
What Do We Talk About When We Talk About Control, Anthony J. Sebok
What Do We Talk About When We Talk About Control, Anthony J. Sebok
Articles
Despite the recent rejection by the ABA of attempts to weaken the limitations on the sharing of fees with non-lawyers, pressure to allow laypersons to invest in lawsuits remains. This article looks at one argument against lay investment in litigation, which is that laypersons should not be able to control how litigation is conducted.
Private Parties As Defendants In Civil Rights Litigation: Introduction, Myriam Gilles
Private Parties As Defendants In Civil Rights Litigation: Introduction, Myriam Gilles
Articles
No abstract provided.
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
Articles
Tort liability has undergone an enormous expansion in the past 40 years. So too has the effective hourly rate obtained by plaintiff lawyers which has increased well over 1000% in that time frame (adjusted for inflation). That the enormous increases in effective hourly rates parallel the enormous expansion in tort liability raises a number of issues. In this article, I examine one of them: whether the market for contingent fee-financing of tort litigation is price competitive. To do so, I examine certain indicia of a noncompetitive market including the fact of uniform pricing, the absence of economic justification for uniform …
The Tobacco Litigation And Attorney's Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
The Tobacco Litigation And Attorney's Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
Articles
No abstract provided.
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
Articles
No abstract provided.
It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth
It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth
Articles
No abstract provided.
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald
Articles
Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.
Settle Or Sue: What Else Can I Do?, Lela P. Love
The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman
The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman
Articles
No abstract provided.
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Articles
No abstract provided.