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Now showing items 31-40 of 48
Remaking the United States Supreme Court in the Courts' of Appeals Image
(Duke Law Journal, 2009)
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...
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. ...
The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering
(Harvard Negotiation Law Review, 2001)
Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes ...
Procedural Justice Research and the Paucity of Trials
(Journal of Dispute Resolution, 2002)
Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes ...
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 ...
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 ...
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 ...
"The Threes": Re-Imagining Supreme Court Decisionmaking
(Vanderbilt Law Review, 2008)
In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decisionmaking. We recognize, of course, that this ...