While some litigants frequently file cases, very few opposing pairs of litigants appear together frequently. Thus, there is little opportunity for litigants to develop trust or reputation. Lawyers, on the other hand, face each other frequently and participate in a community of lawyers that shares information. Lawyers may therefore foster efficient dispute resolution by turning one-shot client interaction into a repeated game. This suggests the following empirical question: Are disputes resolved more...
Under contemporary no-fault divorce laws, it is impermissible to factor marital misconduct, a highly salient component of many divorces, into decisions about how to allocate joint property between the parties. We hypothesize that the no-fault law is in conflict with a moral intuition that favors punishment for people who break the marriage contract, and that people will be either unwilling or unable to fully ignore marital fault in the context of divorce settlement negotiations. In four web-based...
This Note examines the Supreme Court's decision in EEOCv. Waffle House, Inc., which held that the Equal Employment Opportunity Commission could seek victim-specific relief on behalf of an individual, even when that individual had previously signed a mandatory arbitration agreement. The authors attempt to answer the question of whether this case allows the EEOC to recover victim-specific relief, including back pay and compensatory and punitive damages, on behalf of an employee who has settled or signed...
This comment discusses the issues of the NHL's negotiation of contracts with Russian players and the resulting antitrust and international lawsuits between the two countries.