Litigation Commons^™

Hedonic Adaptation And The Settlement Of Civil Lawsuits, John Bronsteen, Christopher J, Buccafusco, Jonathan S. Masur

Faculty Scholarship

This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …

Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer

UIC Law Review

No abstract provided.

Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger

Articles

Among Marc Galanter’s many important insights is that understanding litigation requires understanding its participants. In his most-cited work, Why the “Haves” Come Out Ahead, Galanter pioneered a somersault in the typical approach to legal institutions and legal change: Most analyses of the legal system start at the rules end and work down through institutional facilities to see what effect the rules have on the parties. I would like to reverse that procedure and look through the other end of the telescope. Let’s think about the different kinds of parties and the effect these differences might have on the way the …

Why Counting Votes Doesn't Add Up: A Response To Cox And Miles' Judging The Voting Rights Act, Ellen D. Katz, Anna Baldwin

Articles

In Judging the Voting Rights Act, Professors Adam B. Cox and Thomas J. Miles report that judges are more likely to find liability under section 2 of the Voting Rights Act (VRA) when they are African American, appointed by a Democratic president, or sit on an appellate panel with a judge who is African American or a Democratic appointee. Cox and Miles posit that their findings “contrast” and “cast doubt” on much of the “conventional wisdom” about the Voting Rights Act, by which they mean the core findings we reported in Documenting Discrimination in Voting: Judicial Findings Under Section 2 …

Sellers Of Safe Products Should Not Be Required To Rescue Users From Risks Presented By Other, More Dangerous Products, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman

Faculty Articles and Papers

No abstract provided.

Bellwether Trials, Alexandra Lahav

Faculty Articles and Papers

At the core of the controversy over mass torts lies a fundamental question: what justifies collective litigation? Scholars considering this question make one of two arguments. They either argue that collective justice must be limited by a process-based right to participation based on autonomy values, or they argue that collective justice is justified by utilitarian values and dismiss participation altogether. This Article presents a third alternative: that the democratic nature of the jury trial validates group typical justice, a subset of collective justice. The Article re-envisions the trial as a democratic enterprise, rather than solely an atomistic one. An innovative …

A Response: Why William Nelson’S Analysis Of The Law Department 1946–1965 Is Wrong, Paul A. Crotty

NYLS Law Review

No abstract provided.

The Milberg Weiss Prosecution: No Harm, No Foul?, Michael A. Perino

Faculty Publications

(Excerpt)

In the late 1990s, the lawyers at Milberg Weiss Bershad Hynes & Lerach were the undisputed kings of securities fraud class actions. Melvyn Weiss, the dean of the securities class action bar and a co-founder of the firm, ran its New York office. Bill Lerach, frequently described as the most hated man in Silicon Valley because of his penchant for suing high technology issuers, ruled its west coast operations. To say that the validity of the firm’s business was a matter of some contention, vastly understates matters. Although some view securities class actions as a necessary supplement to under-resourced …

Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis

Journal Articles

No abstract provided.

Institutional Reform Litigation, Leonard Koerner

NYLS Law Review

No abstract provided.

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

NYLS Law Review

No abstract provided.

The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin

NYLS Law Review

No abstract provided.

Settlement Of The Acf Controversy: Sisyphus At The Dawn Of The 21st Century, Robert H. Abrams

Journal Publications

The ancient Greek myth in which Sisyphus is condemned to perpetually roll a massive boulder up a hill only to have it fall back down now symbolizes repetitive, ultimately fruitless effort. The Apalachicola-Chattahoochee-Flint (ACF) basin rapidly has become the emblem of Sisyphean water conflict in the eastern United States. It has the potential to rival some of the West's long-running water disputes, although it will never challenge the Colorado River in that regard.

At the outset, it is important to recognize that there are many parties with an interest in the ACF basin. The most prominent in recent years are …

Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate

Journal Publications

This Article focuses on the future scope of environmental standing after Massachusetts v. EPA. Injury in fact has been and remains the most controversial component of the environmental standing test within and outside the context of global environmental harms. Part I of this Article discusses the background context of environmental standing for global environmental harms and its corresponding origins in procedural and substantive injury claims in cases involving purely domestic environmental harms. Part II examines the landmark decision in Massachusetts v. EPA and considers how it confirms and extends standing jurisprudence for global environmental harms, yet fails to resolve some …

Boundary Waters Treaty Of 1909 As A Model For Interjurisdictional Water Governance, Robert H. Abrams

Journal Publications

In an age of increasing interjurisdictional water conflict and water management concern, the list of accomplishments of the Boundary Water Treaty of 1909 (BWT), reached in a harmonious manner, raises the possibility that, perhaps, the management mechanisms of the BWT might beneficially be used in other contexts. This Article will take up that possibility in the context of three contemporary American interstate water allocation disputes. These disputes are (1) a relatively simple cross-border complaint by a downstream state, South Carolina, that North Carolina cities are using too much water of the Catawba River; (2) the basin-wide dispute regarding water use …

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Sean Stentiford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Guided Discretion In Massachusetts Evidence Law: Standards For The Admissibility Of Prior Bad Acts Against The Defendant, Peter W. Agnes Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

To Plead Or Not To Plead: Assessing The Effect Of A Partial Motion To Dismiss On The Duty To Answer, Michael D. Moberly, Andrea G. Lisenbee

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Defining Employer Liability In Sexual Harassment And Title Vii Retaliation Claims: The Supreme Court Creates The Same Problem Twice, Thomas J. Hook Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Navigating The Waters Of Massachusetts Child Relocation Law: Assessing The Application Of The Real Advantage Standard, Amie J. Tracia

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Abuse Prevention Orders And Juveniles: Change In Needed To Protect Defendant Juveniles For Extra-Statutorily Issued Restraining Orders, Sean Stentiford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Next Generation Of Sexual Conduct: Expanding The Protective Reach Of Rape Shield Laws To Include Evidence Found On Myspace, Leah Dasilva

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Vindicating The Public Interest: The Public Law Implications Of Attorneys' Fee Restrictions In Class Actions, Andrew D. Thibedeau

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Nontestimonial Identification Orders For Dna Testing, Paul C. Giannelli

Faculty Publications

No abstract provided.

Reflections On My Years As Corporation Counsel, Peter L. Zimroth

NYLS Law Review

No abstract provided.

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.