ABC News runs an extensive interview with Philip Howard on American litigiousness. “We took a wrong turn in American justice about 40 years ago. [J]udges have been sitting on their hands …. letting people claim anything, and the effect is not better justice, it is worse justice.”
Chronicling the high cost of our legal system
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Point of Law- State of play on Alien Tort litigationLee G. Dunst of Gibson Dunn, writing in the New York Law Journal (PDF), reviews recent cases and concludes that the courts are tending to dismiss most actions filed under the Alien Tort Claims Act (also known as the Alien... […]Walter Olson
- Higher punitives for wealthier malefactorsIra Stoll at Future of Capitalism has some doubts about that new $300 million tobacco verdict.... […]Walter Olson
- The price of New York ethics, cont'dIra Stoll, Future of Capitalism: The New York state attorney general, Andrew Cuomo, won't accept campaign contributions from people with matters before his office. Conveniently enough, however, he will, and does, accept such contributions from their lawyers, Bloomberg News reports.... […]Walter Olson
- USDC: Corrupt PA Judges Have Civil ImmunityA federal district court judge has just ruled that two disgraced Pennsylvania state court judges, Michael T. Conahan and Mark A. Ciavarella Jr., are protected by immunity from facing legal action for courtroom acts that consisted of over 6000 corrupt... […]Michael Krauss
- Around the web, November 23Tide turning against drug-pricing suits? Glaxo SmithKline beats back Kentucky case [Longstreth, AmLaw Daily] Court in Australia deems litigation funding pact improper as "unregistered managed investment scheme" [New Lawyer] Should docs be careful what they ask for? Michelle Mello... […]Walter Olson
- State of play on Alien Tort litigation
- Volokh
- Robots, Law and SocietyI mentioned earlier a panel discussion I participated in on robots, law and society at Stanford Law School a couple of weeks ago. Adam Gorlick at Physorg.com has a good article summing up the discussion. Ryan Calo, of Stanford Law School’s Center for Internet and Society, raises some of the fundamental liability issues and the implications [...] […]Kenneth Anderson
- Conflicts of Interest for Diplomats, Former Diplomats, and the UN: Ruth Wedgwood on Peter GalbraithRuth Wedgwood’s new column at Forbes.com takes up the uncomfortable question of Peter Galbraith and his financial dealings with regard to Kurdish autonomy, oilfields, and Galbraith’s consulting deal with a Norwegian company that could conceivably pay him somewhere up to $100 million. That discussion is very important and fraught with issues — Galbra […]Kenneth Anderson
- Against Congressional BriefsI have occasionally criticized judges and Justices who use their official positions to try to influence the legislative process. In this post I want to criticize the mirror image: Legislators who sign on to “congressional briefs” in the Supreme Court, such as the one David Kopel links to below, designed to influence the [...] […]Orin Kerr
- A Volokh Conspiracy Drinking GameAt least for VC readers who regularly follow the comment threads: Every time commenter “J. Aldridge” mentions John Bingham, you have to drink. Copyright © 2009 This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes [...] […]Orin Kerr
- Kopel brief in McDonald v. ChicagoAvailable on SSRN. (This is the abstract page. To read the full brief, click “Download,” then on the new screen click the button for which city’s server you will use for the download.) The brief is filed on behalf of the two major police training organizations in the United States: the International Law Enforcement Educators [...] […]David Kopel
- Robots, Law and Society
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The effect has nothing to do with justice, it is the need for more lawyers and more billable hours. In most cases “justice” is not the issue … or even seriously considered. It’s a competition and all about winning or losing.
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