As we approach the midpoint of our Summer Session, we would like some voluntary feedback from our amazing students. It’s your chance to “grade the professor,” so to speak, so if you have a moment, please address one or both of the following questions in the comments section below:
1. What grade would you assign the Professor.
2. What do you like the most about the Professor’s business law course? What do you like the least, i.e. what would you like the Professor to do differently?
Anonymous feedback is welcome. Continue reading
Question 1: When a social science researcher like Michael J. LaCour publishes another bogus or fabricated study in a peer-reviewed journal–or in the case of Alice Goffman, an entire book based on dubious sources–what legal liability (civil or criminal or both) does the fraudster or publisher have in such cases of academic malfeasance? Question 2: If the answer to Question 1 is “none”, why are academics held to a lower legal standard than everyone else?
Note: Since the film clip we had originally posted of Lionel Messi’s beautiful goal in the Copa del Rey match has since been taken down, we are posting to a different video of another astonishing shot by the amazing Messi.
Litigation provides many opportunities for “strategic behavior.” Broadly speaking, the intuition behind the fancy word “strategy” is that individuals and firms decide how to act based on their expectations of how other individuals and firms are likely to act. Put another way, to act strategically means taking into account the anticipated or expected actions of other actors when making a decision. In this post, we shall consider some examples of strategic behavior by plaintiffs and by defendants … Continue reading
Hat tip to dittidot (via reddit). Note: prior probability will avoid blogging on Sundays.In a previous post, we saw that litigation can be a risky proposition. It is also a costly one. Under the American rule, each party to a case is responsible for his or her own legal costs. Thus, going to trial is not only uncertain; it is also costly for both parties to a lawsuit. As such, we can compare the decision of going to trial to the act of placing a bet. In order to place a bet, you will have to risk something. The outcome of the bet may depend on external factors outside of your control or on factors within your control or both. In short, you may win or lose if you decide to place a bet or take your case to trial, but in order to go to trial in the first place, you will have to incur costly legal fees and other related trial expenses. Furthermore, because going to trial is both a risky and a costly proposition, the choice between litigation and settlement opens up the possibility of strategic behavior by both parties. We will offer some examples of strategic behavior in litigation in a future post.
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| Via the excellent Ana Swanson, this image visualizes the Top-10 Best-Sellers (via their hardback book covers) for most of 2012. Each column (left to right) represents 1 week; 1st place is up on top, while 10th place is on the bottom. Courtesy of James Davenport. Check out his cool blog “If we assume.” |
In a previous post, we noted that going to trial can be like rolling dice. Because litigation is such a risky activity, this might be why so many lawsuits (even non-frivolous ones) often end up settling out of court. To see this, imagine you are a plaintiff suing someone for damages. If you decide to settle out of court instead of going to trial, you may receive an amount less than what you think your case is worth. If you decide to go to trial, however, you may get nothing at all. In other words, you could win it big if you take your case to trial, but there is always a risk of recovering nothing if you do go to trial. Now, imagine that you are the defendant, that you are the one being sued for damages. To settle out of court, you may have to pay the plaintiff more than what you think is fair, but if you go to trial, you might get hit with an even larger judgment against you. But going to trial is not only a risky proposition; it is also a costly one. We will explore this aspect of litigation in a future post.
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