Jan. 22, 2014—Toward a Definitive History of Griggs v. Duke Power Co.
Screening Legal Claims Based on Third-Party Litigation Finance Agreements and Other Signals of Quality
Nov. 24, 2013—Screening Legal Claims Based on Third-Party Litigation Finance Agreements and Other Signals of Quality
Nov. 24, 2013—Setting Attorneys’ Fees in Securities Class Actions: An Empirical Assessment
Nov. 24, 2013—Understanding Causation in Private Securities Lawsuits: Building on Amgen
Duty in the Litigation-Investment Agreement: The Choice Between Tort and Contract Norms when the Deal Breaks Down
Nov. 24, 2013—Duty in the Litigation-Investment Agreement: The Choice Between Tort and Contract Norms when the Deal Breaks Down
Nov. 24, 2013—How Much Is That Lawsuit in the Window? Pricing Legal Claims
Nov. 24, 2013—What Should We Do About Multijurisdictional Litigation in M&A Deals?
Oct. 29, 2013—The Fourth Amendment’s National Security Exception: Its History and Limits
Oct. 29, 2013—The Chilling Effect and the Problem of Private Action
Sep. 26, 2013—General Jurisdiction, “Corporate Separateness,” and the Rule of Law Burt Neuborne, Inez Milholland Professor of Civil Liberties, New York University School of Law; Legal Director, Brennan Center for Justice
Sep. 26, 2013—Jurisdictional Imputation in DaimlerChrysler AG v. Bauman: A Bridge Too Far Linda J. Silberman, Martin Lipton Professor of Law, New York University School of Law
May. 23, 2013—The recent finding that corporate litigation involving Delaware companies very often takes place outside of Delaware disturbed the long-settled understanding of how merger litigation works. With many, even most, cases being filed and ultimately resolved outside of Delaware, commentators warn that the trend is a threat to shareholders, to Delaware, and to the integrity of...
May. 23, 2013—The Supreme Court has held that pretrial detainees are presumed innocent and that their detention does not constitute punishment. If convicted, however, detainees usually receive credit at sentencing for the time they spent in detention. We reduce their punishment by time spent unpunished. Crediting time served conflicts with the commonly held view that punishment should...