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How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab
How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab
Kevin M. Clermont
Employment-discrimination plaintiffs swim against the tide. Compared to the typical plaintiff, they win a lower proportion of cases during pretrial and after trial. Then, many of their successful cases are appealed. On appeal, they have a harder time in upholding their successes, as well in reversing adverse outcome. This tough story does not describe some tiny corner of the litigation world. Employment-discrimination cases constitute an increasing fraction of the federal civil docket, now reigning as the largest single category of cases at nearly 10 percent. In this article, we use official government data to describe the appellate phase of this …
Foreigners' Fate In America's Courts: Empirical Legal Research, Kevin Clermont, Theodore Eisenberg
Foreigners' Fate In America's Courts: Empirical Legal Research, Kevin Clermont, Theodore Eisenberg
Kevin M. Clermont
This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners’ aversion to U.S. forums can elevate the foreigners’ success rates, when measured as a percentage of …