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The received wisdom is that American judges rejected strict liability through the nineteenth and early twentieth … century. To the contrary, a majority of state courts adopted Rylands v. Fletcher and strict liability for hazardous or … liability rule. In moving from fault to strict liability, these judges were essentially responding to increased public fears of …
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In the civil justice system, judges engage in case management and settlement promotion more than they do in trial and judgment. Despite the importance of judges’ role in settlement, its empirical depiction and jurisprudential theorization are lacking. This gap likely results from a key...
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The legal standard of proof in any criminal trial is reasonable doubt, but economic models argue for a variable standard. Two economic arguments are tested with data on federal trials over the last decade. First, a trier of fact should respond to a more serious charge with a higher burden of...
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This Article examines the appropriate role of attorneys as gate­ keepers to the courts in suits involving recovered memories of child­ hood sexual abuse. Lawsuits brought by adults claiming that they had been sexually abused during childhood, but had forgotten the abuse until it emerged...
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Drawing on the political theory of judicial decision making, our paper proposes a new and parsimonious ex ante litigation risk measure: federal judge ideology. We find that judge ideology complements existing measures of litigation risk based on industry membership and firm characteristics....
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