Other Research and Journal Articles
2009-Present
A Comparative Legal and Economic Approach to Third-Party Litigation Funding
Cardozo Journal of International and Comparative Law, Spring 2011
Revolution in Progress: Third-Party Funding of American Litigation — Dec. 2010
UCLA Law Review, Vol. 58, No. 2
An Empirical Study of Australia's Class Action Regimes — Sep. 2010
Australian Research Council
The Inauthentic Claim — 2011
(forthcoming) Vanderbilt Law Review, Vol. 64
Costs and Funding of Civil Litigation: A Comparative Study — Dec. 2009
University of Legal Research Paper Series, Paper No. 55
A Fee Limitation Rule for Litigation Finance — Sep. 2009
Paper presented at Searle Public Policy Roundtable on Third Party Financing of Litigation, Northwestern University School of Law, September 24-25, 2009
A Tale of Two Models: Third Party Litigation in Historical and Ideological Perspective — Sep. 2009
Paper presented at Searle Public Policy Roundtable on Third Party Financing of Litigation, Northwestern University School of Law, September 24-25, 2009; and U.S. Chamber Institute for Legal Reform, 10th Annual Legal Reform Summit, October 28, 2010, Washington, D.C.
The Death of Big Law — Sep. 3, 2009
University of Illinois Law & Economics Research Paper No. LE09-025
On the Efficiency of Increasing Litigation — Sep. 2009
Paper presented at Searle Public Policy Roundtable on Third Party Financing of Litigation, Northwestern University School of Law, September 24-25, 2009; and U.S. Chamber Institute for Legal Reform, 10th Annual Legal Reform Summit, October 28, 2010, Washington, D.C.
How Would Third Party Financing Change the Face of American Tort Litigation? The Role of Agency Costs in the Attorney-Client Relationship — Sep. 2009
Paper presented at Searle Public Policy Roundtable on Third Party Financing of Litigation, Northwestern University School of Law, September 24-25, 2009
Juxtaposing BTE and ATE: On the Role of the European Insurance Industry in Funding Civil Litigation — Sep. 2009
Rotterdam Institute of Private Law Working Paper Series
A Market for Justice: The Effect of Litigation Funding on Legal Outcomes — Jul. 12, 2009
Civil Litigation Costs Review: Preliminary Report — May 8, 2009
The Judiciary of England and Wales, Vol. 1, Chapter 15
Financing Civil Litigation: The Case for the Assignment and Securitization of Liability Claims — Apr. 29, 2009
New Trends in Financing Civil Litigation in Europe
Fee Regimes and the Cost of Civil Justice — 2009
Civil Justice Quarterly, Vol. 28, No. 3, p. 344
A Market Approach to Litigation Accuracy — 2009
Paper presented at Third Party Litigation Funding and Claim Transfer-Trends and Implications for the Civil Justice System, RAND Institute for Civil Justice and UCLA Law policy symposium, RAND Corporation, June 2, 2009; Searle Public Policy Roundtable on Third Party Financing of Litigation, Northwestern University School of Law, September 24-25, 2009; and U.S. Chamber Institute for Legal Reform, 10th Annual Legal Reform Summit, October 28, 2010, Washington, D.C.
A Market in Litigation Risk — 2009
The University of Chicago Law Review, 76 U. Chi. L. Rev. 367-440
The Dawning of the Age of the Litigation Entrepreneur — 2009
Civil Justice Quarterly, Vol. 28, No. 3, p. 389
Fulbright's 6th Annual Litigation Trends Survey Report — 2009
Read the Report at fulbright.com (registration required)
2001-2008
Litigation Financing: Another Subprime Industry That Has a Place in the United States Market — 2008
Villanova Law Review, Vol. 53, p. 83
Third-Party Funding of Litigation: A Changing Landscape — 2008
Civil Justice Quarterly, Vol. 27, No. 3, p. 312
All That Glitters Isn't Gold: Analyzing the Costs and Benefits of Litigation Finance — Summer 2007
The Review of Litigation, Vol. 26, p. 707
Litigation Funding: Charting a Legal and Ethical Course — 2007
Vermont Law Review, Vol. 31, pp. 615-662
Causes of Action for Sale: The New Trend of Legal Gambling — 2006
University of Miami Law Review, Vol. 61, p. 203
The Unexpected Value of Litigation: A Real Options Perspective — 2006
Stanford Law Review, 58 Stan. L. Rev.
On the Alienability of Legal Claims — 2005
The Yale Law Journal, 114 Yale L. J. 697
Selling Your Torts: Creating a Market for Tort Claims and Liability — 2005
Bepress Legal Series Paper, 513
Other People's Money: The Ethics of Litigation Funding — Winter 2005
Mercer Law Review, Vol. 56, No. 2, p. 649
Litigation Lending for Personal Needs Act: A Regulatory Framework to Legitimatize Third Party Litigation Finance — Winter 2004
Consumer Finance Law Quarterly Report, Vol. 58, p. 347
The Ethics of Law Loans in the Post-Rancman Era — Summer 2004
Georgetown Journal of Legal Ethics, Vol. 17, p. 795
Presettlement Funding Agreements: Benefit or Burden? — May/June 2004
Bench and Bar of Minnesota, Vol. 61, p. 14
A Comprehensive Market Solution for Tort Reform — 2004
The Yale Journal on Regulation, 12 Yale J. Reg. 434, 460-61
Risks, Reputations, and Rewards-Contingency Fee Legal Practice in the United States — 2004
Stanford University Press
The Litigation Financing Industry: The Wild West of Finance Should be Tamed not Outlawed — 2004
Fordham Journal of Corporate & Financial Law, Vol. 10, No. 1, p. 55
Champerty and Claims Trading — 2003
American Bankruptcy Institute Law Review, 11 Am. Bankr. Inst. L. Rev. 197
Making Champerty Work: An Invitation to State Action — Apr. 2002
University of Pennsylvania Law Review, Vol. 150, No. 4, pp. 1297-1341
Third Party Contingency Contracts in Settlement and Litigation — 2002
German Working Papers in Law and Economics, Vol. 2002, paper 21
On the Costs of Civil Justice — 2002
Texas Law Review, Vol. 80, p. 2115
Economics and the Litigation Funding Industry: How Much Justice Can you Afford? — 2001
New England Law Review, Vol. 35, No. 4, pp. 805-834
Refinancing Civil Litigation — 2001
DePaul Law Review, Vol. 51, p. 183
2000 & Prior
Non-Traditional Class Action Financing and Traditional Rules of Ethics: Time for a Compromise — 2000
Georgetown Journal of Legal Ethics, Vol. 14, No. 1, pp. 241-258
Financing of Litigation by Third-Party Investors: A Share of Justice — 1998
Osgoode Hall Law Journal, Vol. 36, No. 3, pp. 515-566
Contingency Fee Lawyers as Gatekeepers in the Civil Justice System — 1997
Judicature, Vol. 81, pp. 22-29
Litigation for Sale — Apr. 1996
University of Pennsylvania Law Review, Vol. 144, No. 4, pp. 1529-1591
A Market Approach to Tort Reform via Rule 23 — 1995
Cornell Law Review, 80 Cornell L. Rev. 909, 913-15 (class action auctions)
Litigating on a Contingency: A Monopoly of Champions or a Market for Champerty — 1995
Chicago-Kent Law Review, 71 Chi. Kent. L. Rev. 625, 626-27
Investor-Financed Lawsuits: A Proposal to Remove Two Barriers to an Alternative Form of Litigation Financing — 1992
Syracuse Law Review, 43 Syracuse L. Rev. 1297
Valuation of Cases for Settlement: Theory and Practice — 1991
Journal of Dispute Resolution, 1991 J. Disp. Resol. 1
The Plaintiffs' Attorneys Role in Class Action and Derivative Litigation: Economic Analysis and Recommendations for Reform — 1991
The University of Chicago Law Review, 58 U. Chi. L. Rev. 1, 6 (class action auctions)
Towards a Market in Unmatured Tort Claims — 1989
Virginia Law Review, 75 Va. L. Rev. 383, 396
The Regulation of Entrepreneurial Litigation: Balancing Fairness and Efficiency in the Large Class Action — 1987
University of Chicago Law Review, 54 U. Chi. L. Rev. 877
A Market in Personal Injury Tort Claims — 1987
The Journal of Legal Studies, 16 J. Legal Stud. 329, 335-36
The Selection of Disputes for Litigation — 1984
The Journal of Legal Studies, 13 J. Legal Stud. 1
Lawyers' Choice: A Theoretical Appraisal of Litigation Investment Decisions — 1980-1981
Law and Society Review, 15 Law & Soc'y Rev. 567
Trial by Mathematics: Precision and Ritual in the Legal Process — 1971
Harvard Law Review, 84 Harv. L. Rev. 1329
An Analysis of Settlement — 1969
Stanford Law Review, 22 Stan. L. Rev. 67
Evaluation and Settlement of Personal Injury Claims — 1959
Insurance Law Journal, 1959 Ins. L.J. 639
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