Texas Law Review

Edited and published by the students at the University of Texas School of Law, the Texas Law Review is a leading publication of legal scholarship. Texas Law Review contains articles by professors, judges, and practitioners, in addition to reviews, essays, commentaries, and student notes.

Articles from Vol. 80, No. 7, June

As Time Goes By: Asbestos Litigation after Amchem and Oritz
I. Introduction Asbestos worker injury litigation is now in its fourth decade in the United States.1 At least 500,000 asbestos workers and their family members have brought claims against one or more defendant corporations.2 Workers claiming injuries...
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"Can Lawyers Say Anything about Economic Growth?" Comment on Frank Cross's Law and Economic Growth
Commentary Like Los Angeles, the scholarly literature on law and economic growth is amorphous and overlapping. Frank Cross provides an insider's tour that is remarkably concise and complete. Instead of prescriptions and controversy, he explores themes...
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Counting Costs and Calculating Benefits
Commentary Counting Costs and Calculating Benefits A major strength of Tom McGarity's scholarship is his ability to look beyond the aspirations and exhortations of other scholars and policymakers in a particular field, and determine and explain exactly...
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Counting the Cost of Health, Safety, and Environmental Regulation
"While EPA devotes substantial resources to cost-benefit analyses when developing new regulations, the agency seldom looks back at the actual costs and benefits after those regulations have been implemented."1 "How is my career going to be advanced by...
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Deterrence of Medical Errors: Theory and Evidence for Malpractice Reform
I. Introduction After a decade and a half of quiet slumber, medical malpractice litigation is once again becoming an area of significant interest in health policy. This is a result of two larger themes in health care policy-the "medical market" and the...
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Does Civil Justice Cost Too Much?
I. Introduction Is civil justice too expensive? Many think so. "The Civil Justice Reform Act [CJRA] of 1990 [was] rooted in more than a decade of concern that cases in federal courts take too long and cost litigants too much."1 Excessive cost is the...
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Empirical Research in Consumer Bankruptcy
I. Introduction Ever since the Realist movement captured American law schools, empirical research has been the senior scholar of the legal academy, revered but rarely seen in the building.1 Reverence notwithstanding, the ghost of Underhill Moore lingers...
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Empirical Research with a Policy Payoff: Market Dynamics for Lawyers Who Represent Plaintiffs for a Contingent Fee
Many excellent empirical studies of law practice have been conducted over the years, mostly focusing on practice in various workplaces,1 locales,2 specialties,3 or forums.4 These studies have unquestionably enriched our understanding of law practice...
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Facts about Fees: Lessons for Legal Ethics
Commentary There is no question that some lawyers misbehave, and that attorneys' fees create incentives for lawyers to do so. Less clear, and less frequently discussed, is whether the ethics rules regarding fees affect these incentives for misbehavior...
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Introduction: Civil Justice Fact and Fiction
Texas Law Review Symposium On April 17, 2002, former senators George McGovern and Alan Simpson argued in The Wall Street Journal that fear of lawsuits inhibits teachers, doctors, and other professionals from using "the human ingenuity and judgment needed...
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It Was the Best of Times, It Was the Worst of Times: The Precarious Nature of Plaintiffs' Practice in Texas
It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of...
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Judges Write the Darndest Things: Judicial Mystification of Limitations on Tort Liability
I. Introduction The basic principles of tort law are clear and uncontroversial. First, liability should discourage inefficiently unsafe behavior. Second, liability should spread accident costs to minimize the burden and distribute it appropriately. (This...
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Law and Economic Growth
Legal academics study the law extensively, but the great bulk of this research dwells upon the analysis of particular laws or doctrines as judged by standards of justice, individual liberty, or simple positive formalism. While such research is unquestionably...
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Law and Regulatory Competition: Can They Co-Exist?
Commentary It is possible to read Stephen Choi's article with admiration and enjoyment-until a critical point is reached at its very end. In an analysis that is balanced, nuanced, and thorough, Professor Choi initially reviews the recent debate over...
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Law, Finance, and Path Dependence: Developing Strong Securities Markets
I. Introduction Investors part with their money in the expectation that they will receive even more money from their investments. The amount of expected return that investors require depends on the risk they face from their investments. Investments in...
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Lawyer Fees and Lawyer Behavior in Litigation: What Does the Empirical Literature Really Say?
"O'er lawyers' fingers, who straight dream on fees."l "Then `tis like the breath of an unfee'd lawyer."2 "[M]ost lawyers will prefer to leave no stone unturned, provided, of course, they can charge by the stone."3 "Billing by the hour is fine, provided...
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Medical Malpractice and the Tort System: What Do We Know and What (If Anything) Should We Do about It?
I. Introduction When physicians get together, the discussion frequently turns to medical malpractice. Those participating in such conversations typically hear (and volunteer) a mix of fact, fiction, and urban legends: "Lawyers are out to get you, and...
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On the Costs of Civil Justice
Commentary Charles Silver's paper, "Does Civil Justice Cost Too Much?," takes on the daunting task of evaluating transaction costs in the American litigation system and assessing the results of empirical studies on the costs of litigation and its alternatives....
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"Shocked": Mass Torts and Aggregate Asbestos Litigation after Amchem and Oritz
Asbestos claims continue to taunt and torment the American legal system. The taunting comes from the fact that at its heart, an asbestos injury claim is a relatively uncomplicated tort of the sort handled by the civil liability system for many centuries....
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The Bronx "Bronx Jury": A Profile of Civil Jury Awards in New York Countries
I. Introduction The exact date for the baptism of the Bronx as New York's most anti-- prosecution, pro-plaintiff county is imprecise. Most likely the moniker "Bronx jury" is traceable to a plot line in Tom Wolfe's 1987 novel, The Bonfire of the Vanities,...
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The Politics of Research Access to Federal Court Data
Commentary Since the 1970s, there has been a recognized need for detailed, accurate, and reliable information about the bankruptcy system. Unfortunately, this need is still largely unfulfilled.1 Jay Westbrook's description of law school-based consumer...
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Trial Outcomes and Demographics: Easy Assumptions versus Hard Evidence
Commentary Trial Outcomes and Demographics: Easy Assumptions Versus Hard Evidence^ Eisenberg and Wells1 have set out to test the notion that minorities, the poor, and residents of highly urbanized areas favor injured plaintiffs and give them exorbitant...
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Trial Outcomes and Demographics: It There a Bronx Effect?
Minorities favor injured plaintiffs and give them inflated awards. This folk wisdom in the legal community influences choice of trial locale and the screening of jurors. A Los Angeles court is said to be known by local lawyers as "the bank" because of...
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What's It All about, Cardozo?
Commentary Is it just for the moment that we live [and decide cases]?1 Or are there larger principles that unite and constrain the resolution of fact-intensive tort cases? Professor Abel does not provide an answer, but he does paint a disturbing portrait...
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