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Articles 1 - 7 of 7
Full-Text Articles in Law
Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark
Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark
All Faculty Scholarship
When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions can affect what people believe and wish to find out, the predictions they make, the strategic decisions they employ, and what they think is fair. A classic example is confirmation bias, which can cause its victims to seek and interpret information in ways that are consistent with their pre-existing views or the goals they aim to achieve. Studies consistently show that experts as well as laypeople are prone to such biases, …
The Institutional Appetite For Quack Corporate Governance, Alicia J. Davis
The Institutional Appetite For Quack Corporate Governance, Alicia J. Davis
Articles
This Article offers evidence that higher quality internal corporate governance is associated with higher levels of ownership by institutional investors. This finding is consistent with the idea that institutions have greater reason than individual investors to prefer well-governed firms, but surprising given the substantial empirical evidence that casts doubt on the efficacy of internal governance mechanisms. The study described in this Article also finds that higher quality external governance is associated with lower proportions of ownership by certain types of institutional investors, also a somewhat surprising result given available empirical evidence on the positive relationship between external governance and firm …
Managing Disruptive Patron Behavior In Law Libraries: A Grey Paper, Nicole P. Dyszlewski, Kristen R. Moore, Genevieve B. Tung
Managing Disruptive Patron Behavior In Law Libraries: A Grey Paper, Nicole P. Dyszlewski, Kristen R. Moore, Genevieve B. Tung
Librarian Scholarship at Penn Law
Nearly all law library staff has encountered or will encounter challenging patron behavior. In this article, the authors develop best practices based on their 2014 online survey of law library staff, follow-up correspondence with several survey respondents, and a review of case law and relevant literature within law librarianship and other fields.
Standards Of Legitimacy In Criminal Negotiations, Wesley Macneil Oliver, Rishi Batra
Standards Of Legitimacy In Criminal Negotiations, Wesley Macneil Oliver, Rishi Batra
Faculty Articles
Scholarship on negotiation theory and practice is rich and well developed. Almost no work has been done, however, to translate to the criminal context the lessons learned about negotiation from extensive empirical study using the disciplines of economics, game theory, and psychology. This Article suggests that defense lawyers in criminal negotiations can employ tools frequently useful to negotiators in other arenas: neutral criteria as a standard of legitimacy. Judges sometimes exercise a type of discretion analogous to prosecutorial discretion. When they do so, they offer an independent, reasoned, and publicly available assessment of the factors that a prosecutor ought to …
Promoting Public Protection Through An “Attorney Integrity” System: Lessons From The Australian Experience With Proactive Regulation Of Lawyers, Susan Saab Fortney
Promoting Public Protection Through An “Attorney Integrity” System: Lessons From The Australian Experience With Proactive Regulation Of Lawyers, Susan Saab Fortney
Faculty Scholarship
This essay uses the Australian proactive approach to regulating attorneys as a springboard to discussing the role of proactive regulation of lawyers in advancing public protection. The essay provides information on the genesis and implementation of “proactive management-based regulation, the system in Australia. The essay reviews key research findings from empirical studies on the impact of the new system on complaints registered against lawyers and the conduct of lawyers in firms. The essay suggests possibilities for using management-based principles to improve lawyer regulation and conduct in the United States and other jurisdictions. The author concludes with a challenge for regulators …
Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff
Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff
All Faculty Scholarship
Using the best publicly available data on lawyers’ liability claims and insurance – from the largest insurer of large law firms in the U.S., the American Bar Association’s Standing Committee on Professional Liability, and a summary of large claims from a leading insurance broker–this article reports the frequency of lawyers’ liability claims, the distribution and cost of claims by type of practice, the disposition of claims, and lawyers liability insurance premiums from the early 1980s to 2013. Notable findings include remarkable stability over thirty years in the distribution of claims by area of practice among both small and large firms, …
Prosecutorial Discretion And Environmental Crime, David M. Uhlmann
Prosecutorial Discretion And Environmental Crime, David M. Uhlmann
Articles
In January 1991, just four weeks after joining the Justice Department’sEnvironmental Crimes Section as an entry-level attorney, I traveled to NewOrleans to attend an environmental enforcement conference. The conferencewas attended by hundreds of criminal prosecutors and civil attorneys from theJustice Department, as well as enforcement officials from the EnvironmentalProtection Agency (“EPA”). It was a propitious time for environmental protec-tion efforts in the United States. Less than two months earlier, President GeorgeH. W. Bush had signed the Clean Air Act Amendments of 1990, culminating aremarkable twenty-year period that created the modern environmental law sys-tem in the United States. My new office, …