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Articles 1 - 13 of 13

Full-Text Articles in Law

Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr. Mar 2009

Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


The Effect Of Judicial Expedience On Attorney Fees In Class Actions, Eric Helland, Jonathan Klick Jan 2007

The Effect Of Judicial Expedience On Attorney Fees In Class Actions, Eric Helland, Jonathan Klick

Faculty Scholarship at Penn Law

Judges facing exogenous constraints on their pecuniary income have an incentive to reduce their workload to increase their private welfare. In the face of an increase in caseload, this incentive will induce judges to attempt to terminate some cases more rapidly. In class action cases, failing to grant an attorney fee request will delay termination. This conflict is likely to lead judges to authorize higher fees as court congestion increases. Using two data sets of class action settlements, we show that attorney fees are significantly and positively related to the congestion level of the court hearing the case.


Edward R. Becker: A Man In Full, Stephen B. Burbank Nov 2006

Edward R. Becker: A Man In Full, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr. Jan 2006

Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Lawyer For The Situation, Geoffrey C. Hazard Jr. Jan 2004

Lawyer For The Situation, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr. Jan 2004

"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch Jan 2003

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank Jan 2002

Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch Jan 2002

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

Faculty Scholarship at Penn Law

The lead counsel auction has attracted increasing attention. Auction advocates mgue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is ...


Making Progress The Old-Fashioned Way, Stephen B. Burbank Jan 2001

Making Progress The Old-Fashioned Way, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts Jan 2000

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


The Architecture Of Judicial Independence, Stephen B. Burbank Jan 1999

The Architecture Of Judicial Independence, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer Jan 1997

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

Faculty Scholarship at Penn Law

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during ...