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Full-Text Articles in Law

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile Jan 2004

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

Faculty Scholarship at Penn Carey Law

No abstract provided.


Doctors, The Adversary System, And Proceudral Reform In Medical Liability Litigation, Catherine T. Struve Jan 2004

Doctors, The Adversary System, And Proceudral Reform In Medical Liability Litigation, Catherine T. Struve

Faculty Scholarship at Penn Carey Law

No abstract provided.


A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney Jr. Jan 2004

A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney Jr.

Faculty Scholarship at Penn Carey Law

This paper develops a normative theory of bankruptcy law. The core of the theory is that bankruptcy law exists in order to maximize the recoveries of and benefits for those who have legal entitlements ("rightsholders") in respect of a financially distressed debtor. It recognizes that bankruptcy law in the United States is a branch of civil procedure, in general, and the jurisdiction of federal courts, in particular; hence, I call the theory "procedure theory." Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will …


Lawsuit Abandonment Options In Possibly Frivolous Litigation Games, Peter H. Huang Jan 2004

Lawsuit Abandonment Options In Possibly Frivolous Litigation Games, Peter H. Huang

Faculty Scholarship at Penn Carey Law

This paper develops a new theory of possibly frivolous litigation by focusing on a plaintiff's options to unilaterally abandon a lawsuit. Federal Rule of Civil Procedure 41(a)(1)(i) and its various state law counterparts permit, under certain circumstances, a plaintiff to voluntarily dismiss her lawsuit without prejudice. This paper's options approach to litigation, including quite possibly, frivolous litigation is placed in the context of the literature of economic models about litigation in general and frivolous litigation in particular. This paper demonstrates that possibly frivolous lawsuits will be filed and settled when the values of a plaintiff's options to unilaterally abandon litigation …


Tribal Immunity And Tribal Courts, Catherine T. Struve Jan 2004

Tribal Immunity And Tribal Courts, Catherine T. Struve

Faculty Scholarship at Penn Carey Law

No abstract provided.