Eisenberg: Why Do Plaintiffs Lose Appeals? Biased Trial Courts, Litigious Losers, or Low Trial Win Rates? http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1883599 [Abstract:
Multiple studies find that plaintiffs who lose at trial and subsequently appeal are less successful on appeal than are losing defendants who appeal. The studies attribute this to a perception by appellate judges that trial courts are biased in favor of plaintiffs. However, at least two alternative explanations exist. First,...
Golann: Dropped Medical Malpractice Claims: Their Surprising Frequency, Apparent Causes, and Potential Remedies http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1896181
HBS: Trust and Collaboration in the Aftermath of Conflict: The Effects of Contract Structure http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1829795
Law and Contemporary Problems: SCALING UP DELIBERATIVE DEMOCRACY AS DISPUTE RESOLUTION IN HEALTHCARE REFORM: A WORK IN PROGRESS http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1894898