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Full-Text Articles in Law

Conditions In U.S. Treaty Practice: New Data And Insights Into A Growing Phenomenon, Cindy G. Buys Jul 2015

Conditions In U.S. Treaty Practice: New Data And Insights Into A Growing Phenomenon, Cindy G. Buys

Cindy G. Buys

The U.S. Senate often adds various types of conditions, also known as reservations, understandings, and declarations, to its advice and consent to multilateral treaties. The ability to add conditions to a treaty likely increases the number of States willing to join a treaty because it allows States to modify their treaty obligations to address domestic concerns. However, the use of conditions also has the potential to undermine the integrity of the treaty by allowing States to opt out of important legal obligations and to create legal uncertainty regarding treaty obligations and relationships. This article examines U.S. treaty practice with respect …


Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Juliet P. Kostritsky, Wojbor Woyczynski, Harold Haller, Kyle Chen Apr 2015

Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Juliet P. Kostritsky, Wojbor Woyczynski, Harold Haller, Kyle Chen

Juliet P Kostritsky

No abstract provided.


Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky Aug 2014

Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky

Juliet P Kostritsky

ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not …


Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim Oct 2013

Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim

Andrew Chongseh Kim

Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state resources, …


Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer Feb 2013

Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer

Joe Custer

This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.


Empirical Associative Regulation – Drawing Future Regulatory Tools From The Experience Of The Past, Nachshon Goltz Oct 2012

Empirical Associative Regulation – Drawing Future Regulatory Tools From The Experience Of The Past, Nachshon Goltz

Nachshon Goltz

Traditionally, theories on regulation have suggested choosing the “right” regulatory tool for a given situation of desired behavioral steer, using a broad theoretical approach of understanding the factors involved in the regulatory realm and speculating or deducting from it toward the efficient choice.

In contrast, I am arguing that the process of choosing the “right” regulatory tool should be guided by an opposite process, in which a database of regulatory success and failure case studies will be created. The institute (i.e., governments, regulation agencies, etc.) seeking to steer behavior using regulatory tools (“the regulator”) will search this information body using …


Frayed Seams In The "Patchwork Quilt" Of American Federalism: An Empirical Analysis Of Invasive Plant Species Regulation, A. Bryan Endres, James S.N. Mccubbins, Lauren D. Quinn, Jacob N. Barney Sep 2012

Frayed Seams In The "Patchwork Quilt" Of American Federalism: An Empirical Analysis Of Invasive Plant Species Regulation, A. Bryan Endres, James S.N. Mccubbins, Lauren D. Quinn, Jacob N. Barney

A. Bryan Endres

Increased demand for biomass feedstocks to meet renewable energy mandates will require development of newer, bigger and better plant resources. Ideal biomass traits–fast growth and ability to outcompete local vegetation, prolific seed production, adaptability to a variety of soil and climatic conditions, and resistance to pests and diseases–also typify invasive flora. Next-generation biofuel feedstocks may be more productive and profitable at the individual farm level, but also may pose a greater risk of becoming invasive, thereby damaging the broader ecosystem and the economy. Accordingly, the agronomist’s search for yield maximizing biofuel crops for deployment into novel agricultural production systems and …


Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton Mar 2012

Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton

Anne Lawton

In 2005, Congress enacted a number of provisions aimed at improving success rates for Chapter 11 small business debtors. The available empirical data, albeit limited in scope, showed startlingly low rates of plan confirmation. Conventional wisdom attributed the plan confirmation problem to the high failure rate of the Chapter 11 small business debtor. This Article presents the results of a large empirical study of Chapter 11 cases filed in 2004, the year before the small business amendments. The study examines the following questions. First, are confirmation rates in Chapter 11 low, and how do small debtors fare in terms of …


Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton Mar 2012

Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton

Anne Lawton

Chapter 11 Triage: Diagnosing A Debtor's Prospects for Success by Anne Lawton In 2005, Congress enacted a number of provisions aimed at improving success rates for Chapter 11 small business debtors. The available empirical data, albeit limited in scope, showed startlingly low rates of plan confirmation. Conventional wisdom attributed the plan confirmation problem to the high failure rate of the Chapter 11 small business debtor. This Article presents the results of a large empirical study of Chapter 11 cases filed in 2004, the year before the small business amendments. The study examines the following questions. First, are confirmation rates in …


Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton Mar 2012

Chapter 11 Triage: Diagnosing A Debtor's Prospects For Success, Anne Lawton

Anne Lawton

In 2005, Congress enacted a number of provisions aimed at improving success rates for Chapter 11 small business debtors. The available empirical data, albeit limited in scope, showed startlingly low rates of plan confirmation. Conventional wisdom attributed the plan confirmation problem to the high failure rate of the Chapter 11 small business debtor. This Article presents the results of a large empirical study of Chapter 11 cases filed in 2004, the year before the small business amendments. The study examines the following questions. First, are confirmation rates in Chapter 11 low, and how do small debtors fare in terms of …


Competing Conceptions Of Legal Objectivity: An Ignored Publicity Versus A Surprisingly Unhelpful Naturalism, Kenneth K. Ching Feb 2012

Competing Conceptions Of Legal Objectivity: An Ignored Publicity Versus A Surprisingly Unhelpful Naturalism, Kenneth K. Ching

Kenneth K Ching

Law’s legitimacy depends on law’s objectivity. But before we can ask whether law is objective, we need to define legal objectivity. This article argues for a reason-based conception of legal objectivity that is probative of law’s legitimacy.

Judge Richard Posner and Dr. Brian Leiter claim that legal objectivity cannot be reason-based. They say legal objectivity should be based on empirical science. They argue law should be naturalistic. This article argues that naturalism is the wrong approach to legal objectivity for at least four reasons: (1) the lack of good reason to privilege scientific epistemology over a reason-based epistemology, (2) naturalism’s …


Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Aidong Adam Ding Feb 2012

Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Aidong Adam Ding

Louis N. Schulze Jr.

This article details the findings of a two-year empirical study on the impact of a law school academic support program (ASP) on law students. The hypothesis of the study was that as students' participation in a well-resourced, open-access ASP increases, students' perception of "autonomy support" and "humanizing" grows as well. The study concludes, based upon statistically significant data, that law school ASPs impact students in positive ways and therefore are worth the investment. This article is the third in a series designed to show that law school academic support measures positively impact students' well-being and lead to a more robust …


Crimes, Widgets, And Plea Bargaining: An Analysis Of Charge Content, Pleas And Trials, Kyle F. Graham Feb 2012

Crimes, Widgets, And Plea Bargaining: An Analysis Of Charge Content, Pleas And Trials, Kyle F. Graham

Kyle F Graham

This article considers how the composition and gravamen of a charged crime can affect the willingness and ability of the parties in a criminal case to engage in plea bargaining. Most of the prevailing descriptions of plea bargaining ignore or discount the importance of charge content in plea negotiations; in fact, one leading commentator has likened crimes to widgets insofar as plea bargaining is concerned. In developing its counter-thesis, this article reviews seven years (FY2003-FY2009) of federal conviction data, focusing on those crimes that produce the most, and fewest, trials, relative to how often they are alleged; the most, and …


The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau Jan 2012

The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau

Christopher R Trudeau

Most attorneys agree that writers need to tailor their writing to a particular audience. This just makes sense. So it is not a stretch to argue that to convey a clear message to a client, attorneys should use plain language. But there is little empirical data supporting the public’s preference for plain language. Rather, most sources largely rely on anecdotal evidence to prove this point. Therefore, in 2011, I conducted a study to help measure many of the following unanswered questions: to what degree does the public prefer plain language over traditional legal language? How do people react when they …


Training Tomorrow's Lawyers: What Empirical Research Can Tell Us About The Effect Of Law School Pedagogy On Law Student Learning Styles, Eric A. Degroff Sep 2011

Training Tomorrow's Lawyers: What Empirical Research Can Tell Us About The Effect Of Law School Pedagogy On Law Student Learning Styles, Eric A. Degroff

Eric A DeGroff

ABSTRACT

Training Tomorrow’s Lawyers: What Empirical Research Can Tell Us About the Effect of Law School Pedagogy on Law Student Learning Styles

Though the legal academy is a relative newcomer to the field, questions concerning law school pedagogy and law student learning styles have gained increasing traction among legal scholars in recent years. This article reports on the results of empirical research concerning the effects of the law school experience and of disparate pedagogical approaches on law student learning styles.

In what appears to be the first research of its kind in a law school context, the article reports the …


Gender And Partner Compensation At America's Largest Firms, Marina Angel Apr 2011

Gender And Partner Compensation At America's Largest Firms, Marina Angel

Marina Angel

Abstract

This study compiled the largest research sample on the gender gap in compensation at the 200 largest law firms by combining two large databases to examine the compensation disparities between men and women partners. The analysis elucidates the question of whether the difference is because women are less productive than men partners or because they are women. The Am Law 100 and 200 studies include gross revenue, profits, number of equity and non-equity partners, and the total number of lawyers at each firm. The Vault/MCCA Law Firm Diversity Programs study (Vault/MCCA) includes the gender ratios at each Am Law …


Does Tort Law Deter?, W. Jonathan Cardi, Randy Penfield, Albert H. Yoon Mar 2011

Does Tort Law Deter?, W. Jonathan Cardi, Randy Penfield, Albert H. Yoon

W. Jonathan Cardi

For nearly four decades, economic analysis has dominated academic discussion of tort law. Courts also have paid increasing attention to the potential deterrent effects of their tort decisions. But at the center of each economic model and projection of cost and benefit lies a widely-accepted but grossly under-tested assumption that tort liability in fact deters tortious conduct. This article reports the results of a behavioral science study that tests this assumption as it applies to individual conduct. Surveying over 700 first-year law students, the study presented a series of vignettes, asking subjects to rate the likelihood that they would engage …


Statistical Evidence On The Gender Gap In Law Firm Partner Compensation, Marina Angel, Eun Young Whang, Rajiv Banker, Joseph F. Lopez Sep 2010

Statistical Evidence On The Gender Gap In Law Firm Partner Compensation, Marina Angel, Eun Young Whang, Rajiv Banker, Joseph F. Lopez

Marina Angel

Our study compiled the largest research sample on the gender gap in compensation at the 200 largest law firms by combining two large databases to examine why women partners are compensated less: because they are less productive than men partners or because they are women. The AmLaw 100 and 200 studies include gross revenue, profits, number of equity and non-equity partners, and the total number of lawyers at each firm. The Vault/MCCA Law Firm Diversity Programs study (Vault/MCCA) includes the gender ratios at each AmLaw 200 firm. Our study covers the years 2002 to 2007.

The ratio of women equity …


Does The Song Remain The Same? An Empirical Study Of Bestselling Muiscal Compositions (1913-32) And Their Use In Cinema (1968-2008), Paul J. Heald Feb 2009

Does The Song Remain The Same? An Empirical Study Of Bestselling Muiscal Compositions (1913-32) And Their Use In Cinema (1968-2008), Paul J. Heald

Paul J. Heald

In regularly extending the copyright term of existing works, Congress has relied upon predictions by economists that bad things happen to works that fall into the public domain. Economists claim that as the copyright in some valuable works expires, they will be underexploited and their value dissipated. Other works, it is argued, will be overused or debased by inappropriate uses. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true applied to the exploitation of musical composition in movies from 1968-2007. Combined with an earlier study on books from the same era, grave doubt …


Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva Jan 2009

Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva

John D. Castiglione

State courts of last resort are, in many ways, the primary expositors of law in the United States. Criminal law, contracts, family law, wills, trusts, and estates -- just to name a few -- fall within their purview. And yet, we know surprisingly little about just who sits on these courts -- state supreme court judges have been described as “perhaps the most important and least written about group within the judicial system” of the United States. Indeed, the last study on the characteristics and experiences of the state supreme court justices is almost fifteen years old. This Article presents …


Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul J. Heald Sep 2008

Testing The Over- And Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) And Their Use In Cinema (1968-2007), Paul J. Heald

Paul J. Heald

Some economists assert that as valuable works transition from copyrighted status and fall into the public domain they will be underexploited and their value dissipated. Others insist instead that without an owner to control their use, valuable public domain works will be overexploited or otherwise debased. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true as it applies to the exploitation of songs in movies from 1968-2007. When compositions fall into the public domain, they are just as likely to be exploited in movies, suggesting no under-exploitation. And the rate of exploitation of …


In The Name Of Efficiency, Scott Shackelford Jun 2008

In The Name Of Efficiency, Scott Shackelford

Scott Shackelford

India, the most populous and diverse democracy in the world, has a legal system to match. This system, a composition of ancient Hindi panchayats (village assemblies), Islamic law, and a formal British judiciary, has long been under immense strain, stifling economic competiveness and the pursuit of justice alike. As Lord Delvin famously quipped “If our business methods were as antiquated as our legal methods we should be a bankrupt country.” There are currently nearly 25 million cases pending in Indian courts, some of which have been appealed and argued for more than 20 years. Meanwhile, India spends only .2 percent …


Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker Apr 2008

Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker

David A Hoffman

Empirical legal scholars have traditionally modeled judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. Support for this hypothesis has reviewed published opinions, finding that civil rights and other “hot” topics are more to be discussed than other issues. This orthodoxy comforts consumers of legal opinions, because it suggests that opinions are largely representative of judicial work. The orthodoxy is substantively and methodologically flawed. This paper starts by assuming that judges are generally risk averse with respect to reversal, and that they provide opinions when they believe that …


Why Supreme Court Justices Cite Legislative History: An Empirical Investigation, David S. Law, David Zaring Jan 2008

Why Supreme Court Justices Cite Legislative History: An Empirical Investigation, David S. Law, David Zaring

David S. Law

Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique – namely, the use of legislative history to determine the purpose and meaning of a statute. We …


Free To Leave? An Empirical Look At The Fourth Amendment’S Seizure Standard, David K. Kessler Jan 2008

Free To Leave? An Empirical Look At The Fourth Amendment’S Seizure Standard, David K. Kessler

David K Kessler

Whether a person has been “seized” often determines if he or she receives Fourth Amendment protection. The Supreme Court has established a standard for identifying seizures: a person is seized when a reasonable person in his situation would not have felt free to leave or otherwise terminate the encounter with law enforcement. In applying that standard, today’s courts conduct crucial seizure inquiries relying only on their own beliefs about when a reasonable person would feel free to leave. Both the Court and scholars have noted that, though empirical evidence about whether people actually feel free to leave would help guide …


Empirical Study Of Civil Justice Systems: A Look At The Literature, Michael Lines Feb 2005

Empirical Study Of Civil Justice Systems: A Look At The Literature, Michael Lines

michael lines

The exploitation of empirical methodologies has had a late start in law compared with other social sciences. Though there have been consistent calls for the scientific study of law-related problems since the late 1800s, the main impetus to actually begin conducting sophisticated and useful empirical studies has come from outside the profession, starting mainly in the 1950s. Since then, a growing number of evidence-based studies of legal topics have appeared, some authored by those trained in the law, others by those trained in other disciplines, often as collaborative efforts, and occasionally by scholars trained in both the law and empirical …