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Full-Text Articles in Law
Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman
Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman
The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle
Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions expanding the doctrines of claim preclusion and issue preclusion. The court liberally applied claim preclusion but infrequently applied the more expansive doctrine of issue preclusion. Also, the Second Circuit released over fifty unpublished decisions that affect the rights of pro se litigants appearing before the court. These decisions demonstrate the court's immense respect for the doctrine of res judicata. Similarly, the decisions illustrate the extent to which the court relies on the doctrine to achieve finality, to …
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
All Faculty Scholarship
Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several …