Civil Litigation
Behavioral Change Needed to Curb Civil Litigation Crisis
January 14, 2014
How would we go about measuring efficiency and effectiveness of our hallowed civil justice system? First, we would establish markers for performance. The six markers I would use are: Goal Setting - the ability of litigants and their counsel to articulate what they hope to get out of the litigation process. Organization and Prioritization - the ability of counsel to organize information to give the fact finders the best understanding of the factual and legal issues in the case and what is most...
January 14, 2014
How would we go about measuring efficiency and effectiveness of our hallowed civil justice system? First, we would establish markers for performance. The six markers I would use are: Goal Setting - the ability of litigants and their counsel to articulate what they hope to get out of the litigation process. Organization and Prioritization - the ability of counsel to organize information to give the fact finders the best understanding of the factual and legal issues in the case and what is most...
Rethinking Civil Litigation in Federal District Court
October 30, 2013
Over the past 200 years, litigation in federal courts has continually changed. The greatest change has taken place in the past 25 or 30 years. During this period, we have seen the almost total disappearance of civil trials in federal court. Trials have been largely supplanted by motions practice and settlement. But lawyers have not responded to this change and still conduct pretrial as if their cases are going to trial. I think that is a mistake, and in this article I offer suggestions as to what...
October 30, 2013
Over the past 200 years, litigation in federal courts has continually changed. The greatest change has taken place in the past 25 or 30 years. During this period, we have seen the almost total disappearance of civil trials in federal court. Trials have been largely supplanted by motions practice and settlement. But lawyers have not responded to this change and still conduct pretrial as if their cases are going to trial. I think that is a mistake, and in this article I offer suggestions as to what...
Building a Taxonomy of Litigation: Clusters of Causes of Action in Federal Complaints
May 7, 2013
This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court data set of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also...
May 7, 2013
This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court data set of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also...
JAMS ADR Blog: Putting the ?Civil? Back in Civil Litigation
January 10, 2013
JAMS ADR Blog: Putting the ?Civil? Back in Civil Litigation http://goo.gl/kLMD3
January 10, 2013
JAMS ADR Blog: Putting the ?Civil? Back in Civil Litigation http://goo.gl/kLMD3
JAMS ADR Blog: Navigating the New Normal of California's Civil Litigation
December 17, 2012
JAMS ADR Blog: Navigating the New Normal of California's Civil Litigation http://goo.gl/O5gqf
December 17, 2012
JAMS ADR Blog: Navigating the New Normal of California's Civil Litigation http://goo.gl/O5gqf
