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Contingent Fee Conflicts: Attorneys Opt for Quick-Kill Settlements When Their Clients Would Be Better Off Going to Trial
Get PDFDespite the checkered history of contingency fees in the practice of law,
attorneys often claim that such fee arrangements perfectly align the interests of
lawyer and client. After all, contingency fee lawyers proclaim in TV ad after TV
ad, “we don’t get paid unless you win.” That superficial logic does not withstand
economic scrutiny. Utilizing a behavioral economics lens, this Article
demonstrates that contingency fee arrangements give attorneys excessive
incentives to settle cases that their clients would be better off taking all the way
through trial. In addition to highlighting this undertheorized problem in law, we
offer normative recommendations to help alleviate the conflict. Ultimately, we
need to devise a hybrid fee system that provides compensation proportionate to
how hard an attorney works, provides incentives for the best possible outcome for
her client (whether obtained at trial or via settlement), and ensures that low-
income plaintiffs can still obtain access to the doors of justice
Counting Is Hard! A Theory of Doctrinal Expansion
Get PDFWe conventionally see pleading as liberalized, with leeway for inconsistent claims and expansive choice among theories of relief, or counts. Yet procedure scholars have shown how heightened pleading post-Twiqbal constricts liberality, turning us back toward 19th Century fact-intensive code pleading. This Article theorizes a further constriction: proliferating and ossifying counts. While affording pleading latitude, doctrinal expansion forces hard strategy decisions and represents an inversion of the maxim that procedure shapes substance. Expansion increases system complexity, making localized strategy and discretion more impactful and amplifying opportunities for juridical manipulation. The result: doctrines complexifying toward a tipping point, beyond which we make frantic reforms to deal with inequities and other system failures. Through this macroscale theory of doctrinal development, the Article makes several contributions. First, it parses the claim—the operative facts warranting judicial involvement in a dispute—from the count—the articulation of how a claim can be adjudicated. Second, the Article explains how over time substantive splits in doctrine become procedural hurdles, requiring particularized allegations above and beyond a heightened factual showing and thus resembling traditional common law “forms of action.” Third, the Article situates doctrinal expansion within a multi-generational undulation between complexity and simplicity; infers as eventualities both doctrinal contraction and system failure; and proposes more routine system maintenance with respect to doctrinal splits in lieu of infrequent but intensive renovation. To work out these ideas, the Article engages critical civil procedure, law and social movements, law of democracy, complexity theory, and professional responsibility literatures, among others
Sin Vergüenza: Michael Olivas and Crop Cultivation
No full textOur focus is on Michael Olivas’s tireless efforts of mentorship toward diversifying the legal academy, and both of us are proud Olivas mentees. We build on his article, The Education of Latino Lawyers: An Essay on Crop Cultivation (1994), and detail Michael’s efforts, such as the attention-getting strategy of “naming and shaming” through the Dirty Dozen list of law schools, and include some solicited narratives from Latinas/os Michael encouraged, inspired, and even cajoled into joining the academy, to fill the diversity spaces his advocacy created. We next detail some of the challenges faced by Michael and those who follow his footsteps in ensuring diversity in the academy. We then conclude with an update and a call to action around current and needed diversity/mentoring initiatives, ultimately requiring many advocates to carry on the work of a single, tireless man, propelled by the righteous cause and acting without shame.
We actively propose solutions to the diversity dilemma in the legal academy. To dispel the classic narratives used to limit diversity, i.e., “the pool of qualified candidates is too small,” or “other candidates are just stronger,” we use regression analysis in general, and the concept of lurking variables in particular, to highlight the fallacy of these narratives to devalue diversity, particularly Latina/o diversity. Despite being at least as qualified as nondiverse counterparts, and despite increasing representation in law schools, Latina/o professors are still absent in nearly half of ABA-accredited law schools (percentages that resemble those that our mentor railed about three decades ago in his Essay on Crop Cultivation where he stated that only about one-third of U.S. law schools employed Latina/o faculty). Statistics principles of lurking variables help explain the failure of Latina/o diversification. The solution: First, we must expose the concept of lurking variables at play in legal academic hiring; and second, we must insist that diversity be considered and applied as a significant positive variable in a hiring equation
\u27Anti-Wokeism\u27 and Authoritarianism: A Renewed Call for A Constitutional Right to Education
No full textThe Article examines the rise of legislation like Florida\u27s Stop W.O.K.E. Act, which restricts discussions on systemic racism and related topics in educational settings. It traces the historical use of anti-literacy laws to suppress marginalized communities and argue that contemporary anti-woke measures continue this legacy by limiting educational content. They highlight the authoritarian nature of such laws and their detrimental effects on educators and students. The article concludes by advocating for stronger federal protections to ensure equitable education and uphold democratic values
Unintended Consequences: The Impact of Apple AirTags on Vulnerable Populations
Get PDFThe rapid advancements in Global Positioning Systems (GPS), like those employed in Apple AirTags, have prompted a critical need for stringent privacy restrictions in tracking technologies. This article delves into the potential ramifications of such innovations, specifically addressing their impact on the issues of domestic violence, human trafficking, and theft. As women are disproportionately at risk, and have historically been underserved by protective legislation, the awareness of a need for comprehensive public policies and heightened awareness to protect vulnerable individuals is lacking. This article poses an in-depth exploration of these concerns and proposes solutions to be thoroughly examined, offering a comprehensive understanding of the challenges catalysed by evolving tracking technologies and their implications for women’s societal safety and security
Don\u27t Forget to Water the Plants: Crafting a Sustainable Framework for Space Launches under the Inflation Reduction Act
Get PDFThe Inflation Reduction Act (IRA) makes great strides toward limiting the consumption of fossil fuels through the incentivization of research and development of sustainable aviation fuel. However, the IRA serves as a reactive measure to the problem of air pollution while missing an opportunity to curtail another coming issue of pollution: space launches. While not as pervasive as commercial air travel, space launches and outer space as a whole are becoming a billion-dollar market with space mining, astro-tourism, and interplanetary travel. The rate of launches has no sign of slowing down, and rather than wait to pass a reactive measure like the IRA, we should amend the IRA to set up guardrails to prevent further environmental catastrophe. In this article, we speak broadly about the IRA, its effects, and its shortcomings, and how the current environmental protection devices fall short and could be revitalized. Emphasizing research and development of environmentally friendly fuel sources through market incentives and economic growth for space-faring firms
7th Annual Innovation and Technology Law Conference: Generative AI: Infringement or Innovation?
Get PDFSince 2018, the Seattle University School of Law has presented an annual late spring/summer conference on innovation and technology, with a shift to a virtual conference in 2020. The virtual format fosters inclusion of national speakers and participation from a broad base audience, which this year included about 140 registrants who joined us live or watched the recording
Student Life E-Newsletter February 12, 2024
Get PDFhttps://digitalcommons.law.seattleu.edu/studentlife/1148/thumbnail.jp