Cases on Common Law Pleading

Two Models of Pleading

This paper develops two game-theoretic models of litigation, pleading, and settlement. The first model explores the timing of settlement and the strategic use of pleading by plaintiffs with negative-expectedvalue claims in a full-information environment. The second model explores the timing of settlement and strategic use of pleading in an environment with private information held either by pla...

Of Pennsylvania Law Review Cases on Future

This volume is published in continuation of the Continental Legal History Series translated and edited under the auspices of the Association of American Law Schools. The book opens with a preliminary study of the formative principles of civil procedure by the editor reprinted from the Illinois Law Review, here called a Prolegomena, a learned and philosophic study of comparative procedure withou...

Western Philosophies of Law: the Common Law

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Pleading Guilty in Lower Courts