This Article develops a construct of judges as gatekeepers in corporate and securities litigation, focusing on the last-period, or settlement stage of the cases. Many accounts of corporate scandals have focused on gatekeepers and the roles they played or, in some cases, abdicated. Corporate...

In his 1997 FA Mann Lecture, ‘The Academic and the Practitioner', the late Professor Birks spoke of the ‘rise of juristic literature to a law-making partnership with the judgments of the courts'. But what is the nature of this partnership and what are its characteristics? Do English judges...

Recent developments in multi-district litigations (MDLs) raise interesting and important questions about the responsibilities of lead attorneys and judges. Increasingly, lead attorneys use their control of settlement negotiations to enrich themselves. In a prior article co-authored with...

Scholars who have studied state judicial elections have frequently commented on the new style of campaigns. This change has been aided by an increase in the amount of money contributed to judicial candidates and the United States Supreme Court decision in Republican Party of Minn. v. White,...

This paper focuses on the anti-torture campaign that was catalyzed into existence in mid-2004 following the publication of the Abu Ghraib photos and the release of the first batch of "torture memos." Because the Bush administration essentially "legalized" torture, litigation has been the primary...

The authors provide a unique perspective on how the Court of Final Appeal has operated from 1997 to 2010. The study tracks the rising caseload in the Court, considers the statistical profile of the new system of judges and notes the greater attention being paid by the final court to public law cases

The drug treatment court (DTC) was developed as a response to the ineffectiveness of the traditional criminal justice response to addiction. In an effort to increase program retention and completion, a southeast Missouri DTC has implemented a conferencing program as a pilot project. The program...

This Article examines the appropriate role of attorneys as gate­ keepers to the courts in suits involving recovered memories of child­ hood sexual abuse. Lawsuits brought by adults claiming that they had been sexually abused during childhood, but had forgotten the abuse until it emerged...