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Framing Frivolous Litigation: A Psychological Theory
(University of Chicago Law Review, 2000)
This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous ...
Between the Frontier and the Big City: Sixty Years of Small-Town Murder Prosecution
(Oklahoma Law Review, 1994)
This article examines small-town murder in Johnson County, Kansas, from 1880
to 1939. While providing lurid details of the murders committed over a sixty-year
period in the county's small towns and villages, this article ...
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals
(Florida State University Law Review, 2005)
In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. ...
The Impact of the Impact Bias on Negotiation
(Marquette Law Review, 2004)
The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption ...
Guardians: A Research Note
(The American Journal of Legal History, 1996)
Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while ...
Induced Litigation
(Northwestern University Law Review, 2004)
If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs ...
Inside the Bankruptcy Judge's Mind
(Boston University Law Review, 2006)
Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products ...
Psychological Barriers to Litigation Settlement: An Experimental Approach
(Michigan Law Review, 1994)
The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provides an important first step in understanding why some lawsuits settle and others go to trial. Rational miscalculation ...
Prospect Theory, Risk Preference, and the Law
(Northwestern University Law Review, 2003)
To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with ...
Panacea or Pandora's Box?: The Costs of Options in Negotiation
(Iowa Law Review, 2003)
The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. ...