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Articles 1 - 3 of 3
Full-Text Articles in Law
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Faculty Publications
No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.
The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg
The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg
Cornell Law Faculty Publications
Legal cases that reach trial are a biased subset of underlying disputes. This makes it difficult to study the legal system by observing tried cases. This paper examines the relationship between plaintiff success at pretrial motion and trial stages across many categories of cases. The large, significant positive relationship between plaintiff success rates at these two procedural stages suggests that characteristics of case categories influence outcomes at both stages. Observers of a category of tried cases or cases resolved by motion can make informed judgments about how that category of cases fares at the other procedural stage.
The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg
The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg
Cornell Law Faculty Publications
Most revolutions are noisy, tumultuous affairs. This is as true of significant shifts in legal doctrine as it is of shifts of political power through force of arms. Indeed, the pro-plaintiff revolution in American products liability in the early 1960s will forever be associated with heroic, martial images, epitomized in Prosser's description of the assault upon, and fall of, the fortress citadel of privity. The same sort of terminology aptly could be used to describe the last five or ten years of legislative reform activity in the various states. Reacting to what many see as "crises" brought on by courts …