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The Supreme Court Bar At The Bar Of Patents, Paul Gugliuzza
The Supreme Court Bar At The Bar Of Patents, Paul Gugliuzza
Faculty Scholarship
Over the past two decades, a few dozen lawyers have come to dominate practice before the U.S. Supreme Court. By many accounts, these elite lawyers—whose clients are often among the largest corporations in the world—have spurred the Court to hear more cases that businesses care about and to decide those cases in favor of their clients. The Supreme Court’s recent case law on antitrust, arbitration, punitive damages, class actions, and more provides copious examples.
Though it is often overlooked in discussions of the emergent Supreme Court bar, patent law is another area in which the Court’s agenda has changed significantly …
Agreements To Waive Or To Arbitrate Legal Claims: An Economic Analysis, Keith N. Hylton
Agreements To Waive Or To Arbitrate Legal Claims: An Economic Analysis, Keith N. Hylton
Faculty Scholarship
As arbitration agreements have grown in use, they have become controversial, with many critics describing them as a disguised form of waiver. This paper presents an economic analysis of waiver and arbitiation agreements and applies this analysis to the evolving arbitration case law in the Supreme Court and elsewhere. The paper examines the conditions under which parties have an incentive to enter into these types of agreement, and their welfare implications. It shows that, if parties are well informed, they will enter into waiver agreements when and only when litigation is socially undesirable, in the sense that the deterrence benefits …
Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton
Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton
Faculty Scholarship
The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the …