"When to Be Objectionable… And How Not to Be an Artless Clay-Brained Pignut"

  • Litigation
Litigation
2023

"How Not to Lie: A Don't-Do-It-Yourself Guide for Litigators"

  • Litigation
Litigation
2023

"Class Actions and Private Antitrust Litigation"

  • Litigation
American Economic Journal: Microeconomics
2022

"The Stoic Litigator"

  • Litigation
Litigation
2022

"Are We There Yet? Discovery for the New Litigator"

  • Litigation
Litigation
2021

"Opioid Settlement Funds: Do Not Neglect Patients With Pain"

  • Litigation
  • Health Law
JAMA Health Forum
2021

"Performances of Equity: Why Court of Chancery Transcript Rulings Are Law"

  • Corporate and Securities Law
  • Litigation
The Business Lawyer
2021

"Confronting the Problem of Fraud on the Board"

  • Corporate and Securities Law
  • Litigation
The Business Lawyer
2020

"Fee-Shifting Statutes and Compensation for Risk"

  • Litigation
Indiana Law Journal
2020

"Contracting on Litigation"

  • Litigation
RAND Journal of Economics
2019

"Taking a Financial Position in Your Opponent in Litigation"

  • Litigation
American Economic Review
2018

"The Persistence of the Probabilistic Perspective"

  • Litigation
Seton Hall Law Review
2018

"Climate Change Litigation in the Federal Courts: Jurisdictional Lessons from California v. BP"

  • Litigation
  • Environmental and Energy Law
Michigan Law Review Online
2018

"Controlling the Jury-Teaching Function"

  • Litigation
Seton Hall Law Review
2018

"Reputation and Litigation: Why Costly Legal Sanctions Can Work Better than Reputational Sanctions"

  • Litigation
Journal of Legal Studies
2018

"Scientific Trials-In the Laboratories, Not the Courts"

  • Litigation
  • Health Law
JAMA Internal Medicine
2018

"Negligent Entrustment in Gun Industry Litigation: A Primer"

  • Litigation
Michigan Bar Journal
2018

"Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time"

  • Litigation
American Constitution Society Issue Brief
2018

"Comment on Wrongful Convictions, Deterrence, and Stigma Dilution"

  • Litigation
Supreme Court Economic Review
2017

"Emotions in the Early Common Law (c. 1166-1215)"

  • Litigation
Journal of Legal History
2017

"Vindicating the Duty of Loyalty: Using Data Points of Successful Stockholder Litigation As a Tool for Reform"

  • Litigation
The Business Lawyer
2017

"How Rural/Metro Exposed the Systemic Problem of Disclosure Settlements"

  • Litigation
Delaware Journal of Corporate Law
2016

"Class Action Myopia"

  • Litigation
  • Public Interest Law
Duke Law Journal
2016

"Jack Weinstein and the Missing Pieces of the Hearsay Puzzle"

  • Litigation
DePaul Law Review
2015

"Aggregation for Me, But Not for Thee: The Rise of Common Claims in Non-Class Litigation"

  • Litigation
Cardozo Law Review
2015

"The Mold That Shapes Hearsay Law"

  • Litigation
Florida Law Review
2014

"Training the New Litigator: Some Assembly Required"

  • Litigation
Litigation Journal
2014

"Rethinking Causation in Securities Fraud Litigations"

  • Corporate and Securities Law
  • Litigation
Korea Financial Investment Association Journal
2014

"Rethinking Causation in Securities Fraud Litigations"

  • Corporate and Securities Law
  • Litigation
Korean Society of Law Journal
2014

"Confrontation and Forensic Laboratory Reports, Round Four"

  • Litigation
Texas Tech. Law Review
2012

"The Past and Future of Deinstitutionalization Litigation"

  • Litigation
  • Health Law
Cardozo Law Review
2012

"The Sky is Still Not Falling"

  • Litigation
Journal of Law and Politics
2012

"Cultivating Bank Directors' Duty to Monitor Business Risk: Citigroup Shareholder Derivative Litigation"

  • Corporate and Securities Law
  • Litigation
Korea Financial Investment Association Journal
2012

"Craig Callen: Tributes from the Evidence Community"

  • Litigation
Michigan State Law Review
2011

"Litigation Strategies for Dealing with the Indigent Defense Crisis"

  • Litigation
American Constitution Society Issue Brief
2010

"Spending Clause Litigation in the Roberts Court"

  • Constitutional Law
  • Litigation
Duke Law Journal
2008

"Do the Merits Matter More? The Impact of the Private Securities Litigation Reform Act"

  • Corporate and Securities Law
  • Litigation
Journal of Law, Economics and Organization
2007

"Should Plaintiffs Win What Defendants Lose?: Litigation Stakes, Litigation Effort, and the Benefits of 'Decoupling'"

  • Litigation
Journal of Legal Studies
2004

"Allocating Settlement Authority Under a Contingent-Fee Arrangement"

  • Litigation
Journal of Legal Studies
2003

"An Accuser-Obligation Approach to the Confrontation Clause"

  • Litigation
Nebraska Law Review
2003

"Litigator's Thumbnail Guide to the WARN Act"

  • Litigation
Employee Rights Quarterly
2003

"In re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting from the Interpretation of the Private Securities Litigation Reform Act's Pleading Standard"

  • Corporate and Securities Law
  • Litigation
Southern California Law Review
2000

"Constitutional Federalism, Individual Liberty, and the Securities Litigation Uniform Standards Act of 1998"

  • Corporate and Securities Law
  • Litigation
Washington University Law Quarterly
2000

"The Securities Litigation Uniform Standards Act of 1998: The Sun Sets on California's Blue Sky Laws"

  • Corporate and Securities Law
  • Litigation
Business Lawyer
1998

"Der Verzicht auf die Prozeßkostensicherheit US-amerikanischer Kläger nach § 110 Abs. 2 ZPO"

  • Litigation
Praxis des Internationalen Privat- und Verfahrensrechts
1998

"Dealing with Evidentiary Deficiency"

  • Litigation
Cardozo Law Review
1997

"Jurisdiction of the Domestic Courts in International Litigation, Part 2"

  • Litigation
Korean Lawyers Association Journal
1995

"Jurisdiction of the Domestic Courts in International Litigation, Part 1"

  • Litigation
Korean Lawyers Association Journal
1995

"Litigation and Mediation under Title VII of the Civil Rights Act of 1964"

  • Litigation
  • Labor and Employment Law
  • Legal History
Report of 1969 Proceedings, American Bar Association, Section of Labor Relations Law
1970

"Directions for Directed Verdicts: A Compass for Federal Courts"

  • Litigation
Minnesota Law Review
1970