Litigation

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the...

Sometimes the outcome of a legal case can depend upon sensory evidence known only to the person who experiences it, such as the buzzing sound heard by a plaintiff who suffers from tinnitus as the alleged result of an accident. Increasingly lawyers,...

Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against...

Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Tenure decisions, grading curves, course content, and committee...

Why do Americans seem to sue at the slightest provocation? The answer may surprise you: we don't! For every "Whiplash Charlie" who sees a car accident as a chance to make millions, for every McDonald's customer to pursue a claim over a too-hot cup of...