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2014

Maurer School of Law: Indiana University

Litigation

Articles 1 - 4 of 4

Full-Text Articles in Law

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert Jul 2014

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

Indiana Law Journal

Courts and legislatures often conflate meritless and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining meritless and frivolous litigation. The prevailing wisdom is that eliminating meritless and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …


Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher Apr 2014

Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher

Indiana Law Journal

This Article examines the recent series of criminal prosecutions against tax professionals and offshore bankers. These criminal cases, brought against the largest Swiss bank (UBS), the oldest Swiss bank (Wegelin), one of the largest accounting firms in the world (KPMG), as well as numerous lawyers and accountants, represent a dramatic shift for the U.S. Department of Justice. After decades of tolerating abusive tax shelters and tax haven banks, the government changed its policy. However, rather than indicting the individuals and corporations who invested in tax shelters or hid money in offshore accounts, the Justice Department indicted the lawyers, accountants, and …


The Feasibility Of Litigation Markets, Jonathan T. Molot Jan 2014

The Feasibility Of Litigation Markets, Jonathan T. Molot

Indiana Law Journal

No abstract provided.


Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman Jan 2014

Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman

Indiana Law Journal

A large body of studies suggests that people are reluctant to impose liability on the basis of circumstantial evidence alone, even when this evidence is more reliable than direct evidence. Current explanations for this pattern of behavior focus on factors such as the tendency of fact finders to assign low subjective probabilities to circumstantial evidence, the statistical nature of such evidence, and the fact that direct evidence can rule out with greater ease any competing factual theory regarding liability. This Article describes a set of four new experiments demonstrating that even when these factors are controlled for, the disinclination to …