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Physical Sciences and Mathematics Commons™
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- Keyword
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- Empirical legal studies (5)
- Attorney fees in class action cases (2)
- Client recovery and attorney fees (2)
- Capital punishment (1)
- Capital sentencing (1)
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- Citation performance (1)
- Contingent fees (1)
- Death penalty (1)
- Economic conflict of interest (1)
- Entry-level hires (1)
- IAT (1)
- Implicit Association Test (1)
- Implicit racial attitudes (1)
- Inbred faculty (1)
- Lateral hires (1)
- Law school faculty (1)
- McCleskey v. Kemp (1)
- Noninbred faculty (1)
- Race IAT (1)
- Racial attitudes of capital defense lawyers (1)
- Racial bias in capital cases (1)
- Scholarly impact of law schools (1)
Articles 1 - 6 of 6
Full-Text Articles in Physical Sciences and Mathematics
Implicit Racial Attitudes Of Death Penalty Lawyers, Theodore Eisenberg, Sheri Lynn Johnson
Implicit Racial Attitudes Of Death Penalty Lawyers, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Faculty Publications
Defense attorneys commonly suspect that the defendant's race plays a role in prosecutors' decisions to seek the death penalty, especially when the victim of the crime was white. When the defendant is convicted of the crime and sentenced to death, it is equally common for such attorneys to question the racial attitudes of the jury. These suspicions are not merely partisan conjectures; ample historical, statistical, and anecdotal evidence supports the inference that race matters in capital cases. Even the General Accounting Office of the United States concludes as much. Despite McCleskey v. Kemp, in which the United States Supreme Court …
Attorney Fees In Class Action Settlements: An Empirical Study, Theodore Eisenberg, Geoffrey P. Miller
Attorney Fees In Class Action Settlements: An Empirical Study, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Study of two comprehensive class action case data sets covering 1993-2002 shows that the amount of client recovery is overwhelmingly the most important determinant of the attorney fee award. Even in cases in which the courts engage in the lodestar calculation (the product of reasonable hours and a reasonable hourly rate), the client's recovery generally explains the pattern of awards better than the lodestar. Thus, the time and expense of a lodestar calculation may be wasteful. We also find no robust evidence that either recoveries for plaintiffs or fees of their attorneys increased overtime. The mean fee award in common …
What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller
What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Determining an appropriate fee is a difficult task facing trial court judges in class action litigation. But courts rarely rely on empirical research to assess a fee’s reasonableness, due, at least in part, to the relative paucity of available information. Existing empirical studies of attorney fees in class action cases are limited in scope, and generally do not control for important variables. To help fill this gap, we analyzed data from all state and federal class actions with reported fee decisions from 1993 to 2002 in which the fee and class recovery could be determined with reasonable confidence.
We find …
Inbreeding In Law School Hiring: Assessing The Performance Of Faculty Hired From Within, Theodore Eisenberg, Martin T. Wells
Inbreeding In Law School Hiring: Assessing The Performance Of Faculty Hired From Within, Theodore Eisenberg, Martin T. Wells
Cornell Law Faculty Publications
This study compares the scholarly impact of inbred entry-level law school faculty members with the scholarly impact of noninbred entry-level law school faculty members. The sample includes 32 law schools and approximately 700 entry-level faculty members. By our measure of performance, scholarly impact as measured by citation frequency, inbred entry-level law school faculty members do not perform as well as noninbred entry-level faculty members.
Ranking And Explaining The Scholarly Impact Of Law Schools, Theodore Eisenberg, Martin T. Wells
Ranking And Explaining The Scholarly Impact Of Law Schools, Theodore Eisenberg, Martin T. Wells
Cornell Law Faculty Publications
This article measures 32 law schools' academic reputations by citations to their faculties' works. Yale, Chicago, Harvard, and Stanford rank alone at the top. Seven or eight schools compose the next group. We also explore the relation between scholarly impact and entry-level or lateral hire status, gender, minority status, subjects taught, and years in teaching. Lateral hires systematically outperform entry-level hires. We find no substantial evidence of male-female differences. We find some evidence of lower citations for minority females, but this difference is largely attributable to those in teaching fewer than 8 years. For faculty members in teaching more than …
Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan
Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan
Cornell Law Faculty Publications
Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.
In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …