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Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer
(Texas Law Review, 1997)
Law and economics models of litigation settlement, based on the behavioral assumptions of rational choice theory, ignore the many psychological reasons that settlement negotiations can fail, yet they accurately predict ...
An Empirical Evaluation of Specialized Law Reviews
(Florida State University Law Review, 1999)
The sudden, rapid, and widespread increase in the number of specialized
law reviews has attracted relatively little scholarly attention
even though it is the most significant development in legal academic
publishing in ...
Better Settle than Sorry: The Regret Aversion Theory of Litigation Behavior
(University of Illinois Law Review, 1999)
Legal scholars have developed two dominant theories of litigation behavior: the Economic Theory of Suit and Settlement,which is based on expected utility theory, and the Framing Theory of Litigation, which is based on ...
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 ...
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 ...
In Defense of Author Prominence: A Reply to Crespi and Korobkin
(Florida State University Law Review, 1999)
We set out to provide our ranking of specialized reviews for three
reasons. First, given the dearth of published information about the
specialized law review phenomenon, we sought to provide some basic
information about ...
The Road Less Taken: Annulment at the Turn of the Century
(American Journal of Legal History, 1996)
It is hardly surprising that certain legal institutions--adoption, wills, and guardianship--have lasted through the centuries. Each meets a different, seemingly timeless need: providing parenting for orphans or abandoned ...
A "Party Satisfaction" Perspective on a Comprehensive Mediation Statute
(Ohio State Journal on Dispute Resolution, 1998)
During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation ...
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 ...
Adoption in the Progressive Era: Preserving, Creating, and Re-Creating Families
(The American Journal of Legal History, 1999)
The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the ...