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Articles 1 - 30 of 38
Full-Text Articles in Law
Can The Dark Arts Of The Dismal Science Shed Light On The Empirical Reality Of Civil Procedure?, Jonah B. Gelbach
Can The Dark Arts Of The Dismal Science Shed Light On The Empirical Reality Of Civil Procedure?, Jonah B. Gelbach
Faculty Scholarship at Penn Carey Law
Litigation involves human beings, who are likely to be motivated to pursue their interests as they understand them. Empirical civil procedure researchers must take this fact seriously if we are to adequately characterize the effects of policy changes. To make this point concrete, I first step outside the realm of civil procedure and illustrate the importance of accounting for human agency in empirical research. I use the canonical problem of demand estimation in economics to show how what I call the “urn approach” to empirical work fails to uncover important empirical relationships by disregarding behavioral aspects of human action. I …
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein
Faculty Scholarship at Penn Carey Law
In this Essay, we offer an integrated theory of intellectual property defenses. We demonstrate that all intellectual property defenses can be fitted into three conceptual categories: general, individualized and class defenses. A general defense is the inverse of a right in rem. It goes to the validity of the intellectual property right asserted by the plaintiff, and when raised successfully it relieves not only the actual defendant, but also the public at large, of the duty to comply with the plaintiff’s intellectual property right. An individualized defense, as we define it, is the inverse of an in personam right: it …
Thinking, Big And Small, Stephen B. Burbank
Thinking, Big And Small, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
Faculty Scholarship at Penn Carey Law
No abstract provided.
Ruth Bader Ginsburg And Sensible Pragmatism In Federal Jurisdictional Policy, Tobias Barrington Wolff
Ruth Bader Ginsburg And Sensible Pragmatism In Federal Jurisdictional Policy, Tobias Barrington Wolff
Faculty Scholarship at Penn Carey Law
This article, written as part of a symposium celebrating the work of Justice Ruth Bader Ginsburg on the occasion of her fifteenth year on the Supreme Court, examines the strain of sensible legal pragmatism that informs Justice Ginsburg's writing in the fields of Civil Procedure and Federal Jurisdiction. Taking as its point of departure the Supreme Court's decision in City of Chicago v. International College of Surgeons, in which Ginsburg dissented, the article develops an argument against strict textualism in federal jurisdictional analysis. In its place, the article urges a purposive mode of interpretation that approaches jurisdictional text with a …
A Wise Man Of The Law, Anthony J. Scirica
A Wise Man Of The Law, Anthony J. Scirica
Faculty Scholarship at Penn Carey Law
No abstract provided.
Straw, Sand, And Sophistry, Stephen B. Burbank
Straw, Sand, And Sophistry, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Time Out, Stephen B. Burbank
Time Out, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.
Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
Faculty Scholarship at Penn Carey Law
No abstract provided.
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.
Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Agency Choice Of Policymaking Form, Elizabeth Magill
Agency Choice Of Policymaking Form, Elizabeth Magill
Faculty Scholarship at Penn Carey Law
An administrative agency delegated some task--protect the environment, assure the integrity of the securities markets, improve auto safety--might carry out that obligation by adopting a rule, bringing or deciding a case, or announcing its interpretation of the statute. Although agencies are unique institutions in this respect, this state of affairs generates little comment. This Article aims to rectify that by identifying, evaluating, and coming to terms with the phenomenon of agency choice of policymaking form. That phenomenon can be simply stated: The typical administrative agency is authorized to use a range of distinct policymaking forms to effectuate its statutory mandate …
Procedure, Politics And Power: The Role Of Congress, Stephen B. Burbank
Procedure, Politics And Power: The Role Of Congress, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch
Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
The lead counsel auction has attracted increasing attention. Auction advocates mgue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Faculty Scholarship at Penn Carey Law
No abstract provided.
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Faculty Scholarship at Penn Carey Law
No abstract provided.
Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi
Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi
Faculty Scholarship at Penn Carey Law
No abstract provided.
Introduction, Anthony J. Scirica
Introduction, Anthony J. Scirica
Faculty Scholarship at Penn Carey Law
No abstract provided.
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
Faculty Scholarship at Penn Carey Law
No abstract provided.
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
Faculty Scholarship at Penn Carey Law
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to …
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
Faculty Scholarship at Penn Carey Law
No abstract provided.
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
No abstract provided.
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
Faculty Scholarship at Penn Carey Law
No abstract provided.