Commonly cited causes of the crisis include the high number of lawyers in the United States, increasing litigiousness of society, juries which side with victims rather than uncaring big business, and the growing technological complexity of society (Huber 1987). Notably absent from such accounts are explanations relating to the management practices of insurers themselves. Why are there so many t...

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...

In legal reasoning the Bayesian network approach has gained increasingly more attention over the last years due to the increase in scientific forensic evidence. It can however be questioned how meaningful a Bayesian network is in terms that are easily comprehensible by judges and lawyers. Argumentation models, which represent arguments and defeat, are arguably closer to their natural way of arg...

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 ...

This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis empirical work. Research attorneys in United States has traditionally emphasized scarcity of resources: too many people facing charges who are “too poor to pay” for counsel not enough funding pay constitutionally mandated lawyers. Scholars have focused capacity different delivery systems, ...