Child Categories
Litigation & Settlement
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Kathryn E. Spier, ‘Tied to the Mast’: Most-Favored-Nation Clauses in Settlement Contracts, 32 J. Legal Stud. 91 (2003).
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The Dynamics of Pretrial Negotiation
January 25, 2024
Kathryn E. Spier, The Dynamics of Pretrial Negotiation, 59 Rev. Econ. Stud. 93 (1992).
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Expertise and Contingent Fees: The Role of Asymmetric Information in Attorney Compensation
January 25, 2024
James D. Dana, Jr. & Kathryn E. Spier, Expertise and Contingent Fees: The Role of Asymmetric Information in Attorney Compensation, 9 J.L. Econ. & Org.
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On the Efficiency of Privately Stipulated Damages for Breach of Contract: Entry Barriers, Reliance, and Renegotiation
January 25, 2024
Kathryn E. Spier & Michael D. Whinston, On the Efficiency of Privately Stipulated Damages for Breach of Contract: Entry Barriers, Reliance, and Renegotiation, 26 RAND…
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A Comprehensive Theory of Civil Settlement
January 25, 2024
J.J. Prescott & Kathryn E. Spier, A Comprehensive Theory of Civil Settlement, 91 N.Y.U. L.Rev. 59 (2016).
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A Note on the Divergence Between the Private and the Social Motive to Settle Under a Negligence Rule
January 25, 2024
Kathryn E. Spier, A Note on the Divergence Between the Private and the Social Motive to Settle Under a Negligence Rule, 26 J. Legal Stud.
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Kathryn E. Spier & Alan O. Sykes, Capital Structure, Priority Rules, and the Settlement of Civil Claims, 18 Int’l Rev. L. & Econ. 187 (1998).
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Exploiting Plaintiffs Through Settlement: Divide and Conquer
January 25, 2024
Yeon-Koo Che & Kathryn E. Spier, Exploiting Plaintiffs Through Settlement: Divide and Conquer, 164 J. Inst. & Theoretical Econ. 4 (2008).
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The Use of ‘Most-Favored-Nation’ Clauses in Settlement of Litigation
January 25, 2024
Kathryn E. Spier, The Use of ‘Most-Favored-Nation’ Clauses in Settlement of Litigation, 34 RAND J. Econ. 78 (2003).
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Settlement Bargaining and the Design of Damage Awards
January 25, 2024
Kathryn E. Spier, Settlement Bargaining and the Design of Damage Awards, 10 J.L. Econ. & Org. 84 (1994).
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Pretrial Bargaining and the Design of Fee-Shifting Rules
January 25, 2024
Kathryn E. Spier, Pretrial Bargaining and the Design of Fee-Shifting Rules, 25 RAND J. Econ. 197 (1994).
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Information and externalities in sequential litigation
January 25, 2024
Xinyu Hua & Kathryn E. Spier, Information and Externalities in Sequential Litigation, 161 J. Inst. & Theoretical Econ. 215 (2005).
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Nonparty Remote Electronic Access to Tax Court Records
January 25, 2024
Maggie Goff & T. Keith Fogg, Nonparty Remote Electronic Access to Tax Court Records, 167 Tax Notes Fed., May 4, 2020, at 771.
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Forum Shopping in the Tax Court: Fifty Years of Choice and Can a Taxpayer Appeal the Dismissal of a Small Tax Case for Lack of Jurisdiction
January 25, 2024
T. Keith Fogg, Forum Shopping in the Tax Court: Fifty Years of Choice and Can a Taxpayer Appeal the Dismissal of a Small Tax Case…
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Access to Judicial Review in Non-Deficiency Tax Cases
January 25, 2024
Keith Fogg, Access to Judicial Review in Non-Deficiency Tax Cases, 73 Tax Law. 435 (2020).
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Can the Taxpayer Bill of Rights Assist Your Clients?
January 25, 2024
T. Keith Fogg, Can the Taxpayer Bill of Rights Assist Your Clients?, 91 Temp. L. Rev. 705 (2019).
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Tax Decisions Shall Be Made as Quickly as Practicable — A Discussion of Bench Opinions
January 25, 2024
T. Keith Fogg, Tax Decisions Shall Be Made as Quickly as Practicable — A Discussion of Bench Opinions, 17 J. Tax Prac. & Proc. 49…
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When Does Settlement Become Binding on a Party in Tax Court
January 25, 2024
T. Keith Fogg, When Does Settlement Become Binding on a Party in Tax Court, 18 J. Tax Prac. & Proc. 35 (2016).
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Persuasion: Getting to the Other Side
January 25, 2024
Joseph William Singer, Persuasion: Getting to the Other Side (2019).
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Trump’s Affairs and the Future of the Nondisclosure Agreement
January 25, 2024
Jeannie Suk Gersen, Trump’s Affairs and the Future of the Nondisclosure Agreement, NewYorker.com (Mar. 30, 2018, 12:53 PM).
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Rights Case Gone Wrong: A Ruling Imperils Firms And U.S. Diplomacy
January 25, 2024
Curtis A. Bradley & Jack L. Goldsmith, Rights Case Gone Wrong: A Ruling Imperils Firms And U.S. Diplomacy, Wash. Post, Apr. 19, 2009, at A19.