The history of environmental justice litigation in federal, state, and administrative courts illustrates how difficult it is to remedy intersectional harm using a single legal tool. In the United States, there is no federal “environmental justice law” that litigants can wield in court. The...

This paper considers the successful application for judicial review in Great Christchurch Buildings Trust v Church Property Trustees and the worrying effects of this decision upon New Zealand law. The paper concludes that, in holding that sufficient public interest will justify circumvention of...

The Supreme Court of India delivered its judgment in the appeals pertaining to the Ram Janmabhoomi – Babri Masjid case on 9 November 2019, after a marathon hearing of 40 days and exhaustive discussions and deliberations on issues encompassing history, archaeology and of course law. The...

We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK – covering cases filed during the period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for...

This Article explores the concept of “judicial federalization doctrine.” The doctrine emanates from well-documented areas of federal constitutional law, including exactions, racially motivated peremptory challenges, the exclusionary rule, same-sex sodomy, marriage, and freedom of speech and...

The US Congress introduced the Patent Pilot Program (PPP) in 2011, which allowed judges with expertise (as opposed to randomly selected judges) to preside over more patent cases to facilitate efficient ruling. We find firms in counties subject to the PPP increased patent-based innovation by...

Judges wield discretion when ruling on all manner of legal and equitable issues. For centuries, judges have relied on their discretion when considering whether an equitable defense barred actions seeking legal relief. As part of that process, courts have incorporated many equitable defenses into...

This paper contributes to empirical literature testing the importance of secure formal legal rights for efficient natural resource exploitation and the promotion of economic growth and development. We use an event study methodology to estimate the market response to a series of six landmark...

A central challenge in securing property rights is the subversion of justice through legal skill, bribery, or physical force by the strong — the state or its powerful citizens — against the weak. We present evidence that the less educated and poorer citizens in many countries feel their...

The Landscape of Civil Litigation of State Courts examined case characteristics and outcomes for civil cases disposed during a one-year interval from all courts exercising jurisdiction over civil cases in 10 urban counties in the United States. This report is the first significant...