Although flat fees are common for divorces, wills and trusts, and probate, lawyers in personal injury cases generally are paid by contingency fee or at an hourly rate. Arguments have been made that contingency fees increase low-quality, "frivolous" litigation but counterarguments suggest that...

Reports about runaway jury awards have become so common that it is widely accepted that the U.S. jury system needs to be "fixed". Proposals to limit the right to a jury trial and increase judicial discretion over awards implicitly assume that judges decide cases differently than juries. We show...