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Law Firms Resting on Their Laurels, Report Suggests
January 29, 2016
The 2016 Report on the State of the Legal Market from Georgetown University has warned law firms against the 'danger of success',...
January 29, 2016
The 2016 Report on the State of the Legal Market from Georgetown University has warned law firms against the 'danger of success',...
How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals
January 29, 2016
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...
January 29, 2016
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...
The Influence of Judicial Background on Case Outcomes
January 28, 2016
It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges...
January 28, 2016
It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges...
What Shapes Perceptions of the Federal Court System?
January 28, 2016
Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions...
January 28, 2016
Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions...
Antitrust Arbitration and Merger Approval
January 28, 2016
In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when...
January 28, 2016
In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when...
How to Evaluate an Argument Like a Trained Scientist
January 27, 2016
From the pontifications of the politician on the nightly news, to the latest tabloid health scare, we're constantly bombarded by other people's arguments – their attempts to make a particular claim based on some kind of evidence. How best to evaluate all these assertions and counter-assertions? Some insights come from a new study in the journal Thinking and Reasoning that's compared the argument evaluation strategies of scientists (advanced doctoral students and post-docs in psychology) with those...
January 27, 2016
From the pontifications of the politician on the nightly news, to the latest tabloid health scare, we're constantly bombarded by other people's arguments – their attempts to make a particular claim based on some kind of evidence. How best to evaluate all these assertions and counter-assertions? Some insights come from a new study in the journal Thinking and Reasoning that's compared the argument evaluation strategies of scientists (advanced doctoral students and post-docs in psychology) with those...
Legislative Approaches to Trust Arbitration in the United States
January 27, 2016
Professor Lee-Ford Tritt, Director of the Center for Estate Planning, Director of the Estates & Trusts Practice Certificate...
January 27, 2016
Professor Lee-Ford Tritt, Director of the Center for Estate Planning, Director of the Estates & Trusts Practice Certificate...
Legal Theory Lexicon: The Prisoners’ Dilemma
January 27, 2016
Communication and Bargains How can we overcome a prisoner's dilemma? You have probably noticed that the prisoner's dilemma...
January 27, 2016
Communication and Bargains How can we overcome a prisoner's dilemma? You have probably noticed that the prisoner's dilemma...
Texas Rejects “Dual-Role Theory” in Premises Liability
January 26, 2016
In 1992, Occidental Chemical installed a pH-balancing system on its premises in order to keep its employees from having to haul...
January 26, 2016
In 1992, Occidental Chemical installed a pH-balancing system on its premises in order to keep its employees from having to haul...
Oregon Supreme Court Holds Pre-Mediation Communications Not Protected
January 26, 2016
Disputing would like to invite you to read an informative blog post published by Professor Kristen Blankley, Assistant Professor at the University of Nebraska College of Law, entitled “Oregon Supreme Court Holds Pre-Mediation Communications Not Protected.” In her post, Professor Blankley discusses a recent Oregon Supreme Court decision holding that pre-mediation communications which take place outside of the “mediation process” are not “mediation communications.” According to Professor...
January 26, 2016
Disputing would like to invite you to read an informative blog post published by Professor Kristen Blankley, Assistant Professor at the University of Nebraska College of Law, entitled “Oregon Supreme Court Holds Pre-Mediation Communications Not Protected.” In her post, Professor Blankley discusses a recent Oregon Supreme Court decision holding that pre-mediation communications which take place outside of the “mediation process” are not “mediation communications.” According to Professor...
