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- 10b5; Amgen; Class Actions; Basic; Blackmun; Brennan; Deceit; Dura; Economic Loss; Fraud; Fraud on the Market; Loss Causation; Scienter; Securities Fraud; Tort (1)
- Aggregate settlement (1)
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- Cardozo; Calabresi; Chamallas; civil recourse; corrective justice; damages; duty; economic analysis of Tort Law; emotional distress; Holmes; Posner; pragmatic conceptualism; punitive damages; realism; rights of action; Robinette; Rustad; tort; wrongs (1)
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Articles 1 - 4 of 4
Full-Text Articles in Law
The Inner Morality Of Private Law, Benjamin C. Zipursky
The Inner Morality Of Private Law, Benjamin C. Zipursky
Faculty Scholarship
Lon Fuller's classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but would render the products of such a system undeserving of the name "law" at all. In this essay, I argue that Fuller's basic principles are not in fact desiderata for all of law, observing that much of private law plainly flouts them; it is unwritten, retroactive, …
The Role Of The Judge In Non-Class Settlement, Howard M. Erichson
The Role Of The Judge In Non-Class Settlement, Howard M. Erichson
Faculty Scholarship
This commentary argues that judges lack the authority, as a general matter, to approve or reject non-class settlements. While judges overseeing mass litigation can set the stage for settlement by instituting phased discovery, scheduling bellwether trials, and other methods, they should respect the line between facilitation of settlement and control over settlement terms. The paper was presented in response to Judge Alvin Hellerstein’s and his special masters' account of their handling of the September 11 clean-up litigation.
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustad, Chamallas, And Robinette, Benjamin C. Zipursky, John C.P. Goldberg
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustad, Chamallas, And Robinette, Benjamin C. Zipursky, John C.P. Goldberg
Faculty Scholarship
As part of a symposium issue of the Indiana Law Journal devoted to our Civil Recourse Theory of Tort Law, we respond to criticisms by Judge Calabresi, Judge Posner, and Professors Chamallas, Robinette, and Rustad. Calabresi and Posner criticize Civil Recourse Theory as a bit of glib moralism that fails to generate useful answers to the difficult questions that courts face when applying Tort Law. We show with several examples, both old and new, that the glibness is all on their side. From duty to causation to punitive damages, from products liability to fraud to privacy, our scholarship has had …
The Fraud-On-The-Market Tort, John C.P. Goldberg, Benjamin C. Zipursky
The Fraud-On-The-Market Tort, John C.P. Goldberg, Benjamin C. Zipursky
Faculty Scholarship
Fraud on the market is at the core of contemporary securities law, permitting 10b-5 class actions to proceed without direct proof of investor reliance on a misrepresentation. Yet the ambiguities of this idea have fractured the Supreme Court from its initial recognition of the doctrine in Basic v. Levinson to its recent decision in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds. Amidst divergent views of the coherence and advisability of liability for fraud on the market a fundamental question lurks: is a suit for damages that invokes the fraud-on-the-market theory a claim for common law deceit, such that …