Stanford Law Review

Stanford Law Review is a journal on law published bi-monthly by Stanford Law School, in Stanford, Calif., for lawyers, law teachers and law students.

Articles from Vol. 57, No. 5, April

ADR and the Cost of Compulsion
INTRODUCTION I. AN ARBITRATION CASE STUDY II. ADR's EMBRACE OF COMPULSION III. THE COSTS OF COMPULSION A. Compelled Arbitration 1. Substantive manipulations 2. Procedural manipulations 3. Attempts to thwart claims 4. Adhesion...
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Alternative Courts? Litigation-Induced Claims Resolution Facilities
The contemporary fixation on tort lawsuits in the public policy arena and in the popular media obscures an important development in litigation: with the decline of trial rates and the rise of alternative dispute resolution (ADR), the bulk of civil...
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Assessing the Case for Employment Arbitration: A New Path for Empirical Research
INTRODUCTION I. THE LAW OF ARBITRATION II. POLICY ARGUMENTS FOR AND AGAINST ARBITRATION: A FIRST LOOK AT THE EMPIRICAL DATA A. Empirical Research Limitations: Systemic Differences of Arbitration and Adjudication Systems B. Prior Empirical Studies ...
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Class Action "Cops": Public Servants or Private Entrepreneurs?
INTRODUCTION I. THERE IS GROWING PUBLIC DISTRUST OF THE CLASS ACTION DEVICE II. IN RESPONSE TO GROWING CRITICISM, SOME PLAINTIFFS' ATTORNEYS MISLEADINGLY SEEK TO PORTRAY THEMSELVES AS "PRIVATE ATTORNEYS GENERAL" A. The Profit-Seeking Class Action...
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Creeping Mandatory Arbitration: Is It Just?
INTRODUCTION I. THE PHENOMENON OF MANDATORY BINDING ARBITRATION IN THE UNITED STATES A. The Pedigree of Binding Arbitration B. The Evolution of Mandatory Arbitration C. U.S. Courts' and Legislatures' Response to Mandatory Arbitration D. A Uniquely...
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Exploring Economic and Democratic Theories of Civil Litigation: Differences between Individual and Organizational Litigants in the Disposition of Federal Civil Cases
INTRODUCTION I. THE DATA: TERMINATED FEDERAL CIVIL CASES II. 1970 TO 2000: THE CHANGING COMPOSITION OF FEDERAL CIVIL CASES A. 1970 to 2000: Three Decades of Change B. The Changing Distribution of "Nature of Suit" III. CODING LITIGANT TYPE--AUDITS,...
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Introduction to the Symposium
The 2005 Stanford Law Review Symposium, The Civil Trial: Adaptation and Alternatives, explores major changes in the civil litigation landscape and discusses long-term implications of these developments. Topics covered span the dramatic decline in the...
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Removing Class Actions to Federal Court: A Better Way to Handle the Problem of Overlapping Class Actions
INTRODUCTION I. FORUM SHOPPING IS PROPER, WITHIN LIMITS II. S. 2062--THE DEFENSE-SPONSORED REMOVAL PROPOSAL III. THE MAJOR PROBLEMS WITH S. 2062 IV. A BETTER ALTERNATIVE A. Tinkering with the Numbers Won't Work B. Discretion, with Modest Thresholds,...
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Summary Judgment and the Vanishing Trial: Implications of the Litigation Matrix
INTRODUCTION I. SUMMARY JUDGMENT, THE VANISHING TRIAL, AND THE THREE LEVELS OF EMPIRICAL ANALYSIS II. THE LITIGATION MATRIX III. APPLYING THE LITIGATION MATRIX TO THE LAW OF SUMMARY JUDGMENT A. The Litigation Matrix and the Role of Summary Judgment ...
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The Class Action Counterreformation
INTRODUCTION: REFORM VERSUS COUNTERREFORMATION I. THE AMERICAN COURTS' CONTRASTING ATTITUDES TOWARD "CLASSIC" CLASS ACTIONS II. MASS WITHOUT CLASS: EXISTING JOINDER ALTERNATIVES UNDER THE FEDERAL RULES A. Rule 20: Permissive Joinder 1. General...
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The Court's Implicit Roadmap: Charting the Prudent Course at the Juncture of Mandatory Arbitration Agreements and Class Action Lawsuits
INTRODUCTION I. THE TAXONOMY OF GATEWAYS A. Who Decides Who Decides? B. Availability of Class Arbitration as a "Gateway" Issue 1. Class arbitration explicitly permitted 2. Class arbitration explicitly prohibited 3. Arbitration...
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The Hundred-Year Decline of Trials and the Thirty Years War
Although it defies popular images of the ubiquity of trials, an abundance of data shows that the number of trials--federal and state, civil and criminal, jury and bench--is declining. (1) The shrinking number of trials is particularly striking because...
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The What and Why of Claims Resolution Facilities
INTRODUCTION I. CLAIMS RESOLUTION FACILITY VARIABLES A. Function B. Metaphor C. Authority and Funding D. Size and Similarity E. Organization F. Eligibility Criteria G. Damage Methodology H. Compensation I. Implementation II....
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Why Me? the Role of Private Trustees in Complex Claims Resolution
INTRODUCTION I. HOW WE GOT HERE: THE HYBRIDIZATION OF COMPLEX CLAIMS RESOLUTION A. Mass Tort Litigation as Public Law Litigation B. The Hybridization of Claims Resolution 1. The need for private individuals in complex claims resolution ...
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