Judicial elections, particularly elections to state supreme courts, have generated substantial commentary over the last decade. Observers have asserted that elections have become more hotly contested, nastier, more expensive, and more divisive. This paper focuses on the question of whether...

This paper considers the state of our knowledge about the process of defending tort claims. A variety of specific topics are covered including relationships among the key actors on the defense side (alleged tortfeasor, insurer, and defense lawyer); the incentives faced by these actors; the...

Legal needs studies repeatedly show that low and modest income Americans obtain legal assistance for only a small percentage of their legal needs. This is taken to demonstrate a failing of the American justice system. However, relying on several older studies and research conducted outside the...

Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American...

This paper provides an update Justices on the Ballot by assessing what changes have occurred in patterns of state supreme court elections in the period 2010-16 compared to the previous six and a half decades. The paper examines patterns of campaign contributions and expenditures (starting in the...

This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of...

A central aspect of much of the debate over access to justice is the cost of legal services. The presumption of most participants in the debate is that individuals of limited or modest means do not obtain legal assistance because they cannot afford the cost of that assistance. The question I...

This paper examines changing patterns in the politics of judicial selection in the United States. Central to the discussion is that judicial selection in the U.S. has always had a strong political element. Recent changes in the politics of judicial selection reflect a shift from the politics of...