Beyond the Hero Judge: Institutional Reform Litigation as Litigation

Reflections on Judge Weinstein's Ethical Dilemmas in Mass Tort Litigation

Litigation as a Tournament∗

This paper analyzes civil litigation between a plaintiff and a defendant who exert costly effort in a tournament game. In the unique Nash equilibrium the litigant with the stronger case is more likely to win, but there is distortion in the sense that the equilibrium probability of success is closer to 0.5 than the prior is. A cost-shifting rule determines the proportion of the winner’s costs re...

Constructs of Justice: Beyond Civil Litigation

Surrogacy litigation in China and beyond

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This art...

The ordinary and the extraordinary in institutional litigation.

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor...