This Article synthesizes two decades of research on the progression of sexual harassment claims through the legal system and adds a new, original, empirical study on the resolution of sexual harassment lawsuits filed in federal district court. It examines the prevalence of sexual harassment in...

Are more cases settled when judges are elected among the most belligerent trade unions? In the specific case of French employment courts, the answer is broadly negative. This article provides evidence of the minor role that judges have on alternative dispute resolution in and out of court....

The traditional means by which workers asserted their collective rights was the union movement, but that has been in severe decline in the private sector. Class action lawsuits would appear to be the ideal modern substitute. There have been a few noteworthy successes for employees in the last...

This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23's safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs' lawyers...

As Bill Clinton’s campaign strategist James Carville famously phrased it back in 1992, the key issue for voters... “It’s the economy, stupid.”Something similar could be said for high value strategic cases in global commercial litigation, international arbitration and competition today,...

Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...

Structured Investment Vehicles or SIVs are highly complex derivative-related vehicles and products, typically involving offshore “bankruptcy-remote” special purpose companies and trusts, complex rules for the management of portfolios of derivative assets and additional rules for the...

In this article, we consider whether arbitration clauses are likely to result in the extinction of the class action. In our view, the answer is no. We reach that conclusion for two main reasons. First, at least some parties that draft standard form contracts prefer class actions to class...

This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...