Is there a connection between state-law tort reform and the explosive growth of U.S. intellectual property (IP) litigation? The literature has established that the number of tort claims in states with tort reform has gone down. How do personal injury (PI) plaintiff lawyers deal with the decrease in the demand for their services? Could a significant number of them end up shifting their practice ...

The use of the trial as the dominant form of dispute resolution is diminishing,2 yet law schools continue to train young lawyers as if the courtroom will be the principal venue for addressing legal conflicts. The historically narrow focus of legal curricula on litigation and appeals is insufficient to prepare young lawyers for the world that awaits them.3 While clients will continue to need att...

This paper examines how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of these effects. Despite lawyers’ expertise in assessing the evidence, their advice is found to have no effect on adjudication, if the lawyers follow disclosure strategies that are undom...

The Law School Admission Council (LSAC) is a nonprofit corporation that provides unique, state-of-the-art admission products and services to ease the admission process for law schools and their applicants worldwide. More than 200 law schools in the United States, Canada, and Australia are members of the Council and benefit from LSAC's services. (CAS), and other matters may change without notice...

LEGAL CHALLENGES UPDATE Our article in the June issue of JNIS described the legal challenges against the Federal Trade Commission’s Red Flags Rule, which requires “creditors” to adopt programs to protect their customers from identity theft. Specifically, on November 29, 2009, the US District Court for the District of Columbia ruled that the FTC had improperly applied the Red Flags Rule to lawye...