Economics
Eisenberg: Why Do Plaintiffs Lose Appeals? Biased Trial Courts, Litigious Losers, or Low Trial Win Rates?
August 10, 2011
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,...
August 10, 2011
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,...
Disputing: Second Circuit Remands Fensterstock v. Education Finance Partners
July 13, 2011
Disputing: Second Circuit Remands Fensterstock v. Education Finance Partners http://www.karlbayer.com/blog/?p=14691
July 13, 2011
Disputing: Second Circuit Remands Fensterstock v. Education Finance Partners http://www.karlbayer.com/blog/?p=14691
Marc J. Goldstein Litigation & Arbitration Chambers: Another Sign of Life for Class Arbitration: The Second Circuit Reinstates a Case
July 12, 2011
Marc J. Goldstein Litigation & Arbitration Chambers: Another Sign of Life for Class Arbitration: The Second Circuit Reinstates a Case http://arbblog.lexmarc.us/2011/07/another-sign-of-life-for-class-arbitration-the-second-circuit-reinstates-a-case/
July 12, 2011
Marc J. Goldstein Litigation & Arbitration Chambers: Another Sign of Life for Class Arbitration: The Second Circuit Reinstates a Case http://arbblog.lexmarc.us/2011/07/another-sign-of-life-for-class-arbitration-the-second-circuit-reinstates-a-case/
Marc J. Goldstein Litigation & Arbitration Chambers: Discovery in Aid of Post-Award Claims of Arbitrator Bias: Has the Second Circuit Opened the Floodgates?
June 28, 2011
Marc J. Goldstein Litigation & Arbitration Chambers: Discovery in Aid of Post-Award Claims of Arbitrator Bias: Has the Second Circuit Opened the Floodgates? http://arbblog.lexmarc.us/2011/06/discovery-in-aid-of-post-award-claims-of-arbitrator-bias-has-the-second-circuit-opened-the-floodgates/
June 28, 2011
Marc J. Goldstein Litigation & Arbitration Chambers: Discovery in Aid of Post-Award Claims of Arbitrator Bias: Has the Second Circuit Opened the Floodgates? http://arbblog.lexmarc.us/2011/06/discovery-in-aid-of-post-award-claims-of-arbitrator-bias-has-the-second-circuit-opened-the-floodgates/
Fulbright: Supreme Court Gives Failed Class Actions Second Chance in State Court
June 17, 2011
Fulbright: Supreme Court Gives Failed Class Actions Second Chance in State Court http://www.fulbright.com/index.cfm?fuseaction=publications.detail&pub_id=4977&site_id=494&detail=yes
June 17, 2011
Fulbright: Supreme Court Gives Failed Class Actions Second Chance in State Court http://www.fulbright.com/index.cfm?fuseaction=publications.detail&pub_id=4977&site_id=494&detail=yes
ADR Prof Blog: Second Circuit Affirms $400 Million FINRA Arbitration Award
June 14, 2011
ADR Prof Blog: Second Circuit Affirms $400 Million FINRA Arbitration Award http://www.indisputably.org/?p=2384
June 14, 2011
ADR Prof Blog: Second Circuit Affirms $400 Million FINRA Arbitration Award http://www.indisputably.org/?p=2384
Kluwer Arbitration Blog Excerpt Feed: Reconsidering ICSID Awards
June 1, 2011
Kluwer Arbitration Blog Excerpt Feed: Reconsidering ICSID Awards http://kluwerarbitrationblog.com/blog/2011/05/11/reconsidering-icsid-awards/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+KluwerArbitrationBlogExcerpt+%28Kluwer+Arbitration+Blog+-+Latest+Excerpts%29&utm_content=Google+Reader
June 1, 2011
Kluwer Arbitration Blog Excerpt Feed: Reconsidering ICSID Awards http://kluwerarbitrationblog.com/blog/2011/05/11/reconsidering-icsid-awards/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+KluwerArbitrationBlogExcerpt+%28Kluwer+Arbitration+Blog+-+Latest+Excerpts%29&utm_content=Google+Reader
Computational Legal Studies: Tweets Per Second: Evening of May 1, 2011 [Via Twitter]
May 20, 2011
Computational Legal Studies: Tweets Per Second: Evening of May 1, 2011 [Via Twitter] http://computationallegalstudies.com/2011/05/04/tweets-per-second-evening-of-may-1-2011-via-twitter/
May 20, 2011
Computational Legal Studies: Tweets Per Second: Evening of May 1, 2011 [Via Twitter] http://computationallegalstudies.com/2011/05/04/tweets-per-second-evening-of-may-1-2011-via-twitter/
Texas Law Review: "There has been much debate in the law and economics literature over the effect of fee shifting rules on settlement." 76 Tex. L. Rev. 1863 (1998)
May 10, 2011
There has been much debate in the law and economics literature over the effect of fee shifting rules on settlement. Richard A. Posner and Steven Shavell have concluded that fee shifting of the English “loser pays” type would decrease the likelihood of settlement. They viewed parties as pursuing litigation because they are overly optimistic about their chances at trial, which causes them to discount the amount of attorneys' fees they will have to pay, and thus makes settlement less attractive....
May 10, 2011
There has been much debate in the law and economics literature over the effect of fee shifting rules on settlement. Richard A. Posner and Steven Shavell have concluded that fee shifting of the English “loser pays” type would decrease the likelihood of settlement. They viewed parties as pursuing litigation because they are overly optimistic about their chances at trial, which causes them to discount the amount of attorneys' fees they will have to pay, and thus makes settlement less attractive....
TortsProf Blog: Guest Blogger Ellen Bublick: "The ALI, Economic Loss Rules, and Convergence"
May 7, 2011
TortsProf Blog: Guest Blogger Ellen Bublick: "The ALI, Economic Loss Rules, and Convergence" http://lawprofessors.typepad.com/tortsprof/2011/04/guest-blogger-ellen-bublick-the-ali-economic-loss-rules-and-convergence.html
May 7, 2011
TortsProf Blog: Guest Blogger Ellen Bublick: "The ALI, Economic Loss Rules, and Convergence" http://lawprofessors.typepad.com/tortsprof/2011/04/guest-blogger-ellen-bublick-the-ali-economic-loss-rules-and-convergence.html
