Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Empirical legal studies (4)
- Award patterns in products liability cases (1)
- BJS (1)
- BMW of North America (1)
- BMW v. Gore (1)
-
- Bankruptcy forum shopping (1)
- Bureau of Justice Statistics (1)
- Capital punishment (1)
- Chapter 11 reorganizations (1)
- Compensatory damages awards (1)
- Death penalty (1)
- Hung juries (1)
- Inc. v. Gore (1)
- Judge shopping (1)
- Judicial performance (1)
- Judicial selection methods (1)
- Jury deadlock (1)
- Mistrials (1)
- National Prisoner Statistics Program (1)
- Plaintiff trial win rates (1)
- Punitive damages awards (1)
- Relation between compensatory and punitive damages awards (1)
- The American Jury (1)
- Trends in forum shopping (1)
- Trial award trends (1)
- Venue choice (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman
How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman
Cornell Law Faculty Publications
Reports of apparent increases in the number of hung juries in some jurisdictions have caused concern among policy makers. A 1995 report by the California District Attorneys Association cited hung jury rates in 1994 that exceeded 15 percent in some jurisdictions (the rates varied from 3 to 23 percent across the nine counties for which data were available). In 1996, the District of Columbia Superior Court reported a higher-than-expected hung jury rate of 11 percent. Why juries hang at these rates isn't clear, but some commentators have claimed that hung juries are the product of eccentric or nullifying holdout jurors …
Shopping For Judges: An Empirical Analysis Of Venue Choice In Large Chapter 11 Reorganizations, Theodore Eisenberg, Lynn M. Lopucki
Shopping For Judges: An Empirical Analysis Of Venue Choice In Large Chapter 11 Reorganizations, Theodore Eisenberg, Lynn M. Lopucki
Cornell Law Faculty Publications
For almost two decades, an embarrassing pattern of forum shopping has been developing in the highly visible world of big-case bankruptcy reorganization. Forum shopping--defined here as the act of filing in a court that does not serve the geographical area of the debtor's corporate headquarters--now occurs in more than half of all big-case bankruptcies. Two jurisdictions have attracted most of the forum shoppers. During the 1980s, when a large portion of the shopping was to New York, the lawyers involved asserted that New York was a natural venue because of its role as the country's financial capital and because so …
Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John H. Blume, Theodore Eisenberg
Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John H. Blume, Theodore Eisenberg
Cornell Law Faculty Publications
Several studies try to explain case outcomes based on the politics of judicial selection methods. Scholars usually hypothesize that judges selected by partisan popular elections are subject to greater political pressure in deciding cases than are other judges. No class of cases seems more amenable to such analysis than death penalty cases. No study, however, accounts both for judicial politics and case selection, the process through which cases are selected for death penalty litigation. Yet, the case selection process cannot be ignored because it yields a set of cases for adjudication that is far from a random selection of cases. …
The Predictability Of Punitive Damages Awards In Published Opinions, The Impact Of Bmw V. Gore On Punitive Damages Awards, And Forecasting Which Punitive Awards Will Be Reduced, Theodore Eisenberg, Martin T. Wells
The Predictability Of Punitive Damages Awards In Published Opinions, The Impact Of Bmw V. Gore On Punitive Damages Awards, And Forecasting Which Punitive Awards Will Be Reduced, Theodore Eisenberg, Martin T. Wells
Cornell Law Faculty Publications
This article assesses the relation between compensatory damages and punitive damages in cases leading to published opinions and BMW v. Gore's impact on the patterns of punitive damages awards in these opinions. We find that punitive damages awards are considerably higher in cases leading to published opinions than in trial level cases. But the correlation between compensatory and punitive awards found in trial level data persists in published opinions and is all but indistinguishable from the correlation in trial level data. We find no significant difference in the pattern of awards before and after BMW and no significant difference …
Judicial Decisionmaking In Federal Products Liability Cases, 1978-1997, Theodore Eisenberg
Judicial Decisionmaking In Federal Products Liability Cases, 1978-1997, Theodore Eisenberg
Cornell Law Faculty Publications
In 1992, Professor James Henderson and I wrote that, throughout the 1980s, a quiet, pro-defendant revolution in products liability had occurred. That revolution was likely largely the product of a "widespread, independent shift in judicial attitudes." It was not discernable in cases tried before juries. The federal data used in that study were available through 1989. Also in 1992, using the same database, Professor Kevin Clermont and I wrote about the surprising relation between plaintiff win rates in judge and jury trials in products liability cases. Plaintiffs prevailed at a higher rate before judges than they did before juries. Comparable …