Attorney Practice

Forgotten But Not Forgiven: Remedies for Student Loan Debtors in Public Service

Andrew Goring

Abstract This Note identifies a timely issue with student loans and discusses potential remedies. Under the Public Service Loan Forgiveness program, borrowers of federal student loans who make 120 qualifying monthly payments while working in public service may have their loans forgiven. When a loan is forgiven, the borrower no longer has to pay the […]

The Appearance of Professionalism

Elizabeth B. Cooper

Abstract The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of “outsider” lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ individuals, […]

Dru D. Stevenson & Nicholas J. Wagoner, Bargaining in the Shadow of Big Data

Attorney bargaining has traditionally taken place in the shadow of trial as litigants adjust tactics—and their inclination to negotiate a settlement—based on their forecast of the outcome of a trial and its associated costs. Lawyers bargaining on the verge of trial have traditionally relied on their intuition, knowledge of precedent, and previous interactions with the […]

John O. McGinnis & Steven Wasick, Law’s Algorithm

This Article offers a historical, theoretical, and practical perspective on law as an information technology. Law fundamentally concerns information—providing information to the community about the content of legal norms and, at least in its common law form, eliciting information about the world from the disputes before a court. This Article first surveys law’s history as […]

Ronald J. Allen, How to Think About Errors, Costs, and Their Allocation

There is an ongoing, robust debate about the structure of litigation, and in particular, about access to the courts. For a considerable period of time, the mantra that the courts should be readily available to all the people so that people may present claims that their rights have been violated has dominated academic discourse and […]

Steven L. Schwarcz, Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy

63 Fla. L. Rev. 1053 (2011)| | | ARTICLE :: The BP Deepwater Horizon oil spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars: judicial inconsistency and confusion in ruling whether to compensate for the loss in market value of wrongfully affected property. This Article seeks […]