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Widener Univ. School of Law

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Tuesday, April 4, 2006

Litigation-Driven Scholarship

Legal Affairs has a debate this week that promises to be interesting, relating to studies or other scholarship that are motivated by the fact of litigation.  The participants are Michael L. Martinez of Crowell & Moring and Jay P. Kesan at the University of Illinois.

The introduction to the debate is a tad curious, suggesting as it does that most of these sorts of studies are performed by defendant companies.  My work (see the current article on SSRN) suggests that, while defense-funded studies are not unheard of, most such research is performed on behalf of plaintiffs' counsel.

http://lawprofessors.typepad.com/tortsprof/2006/04/litigationdrive.html

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» Litigation-driven studies from PointOfLaw Forum
Legal Affairs recently hosted a debate between Michael L. Martinez of Crowell & Moring and Jay P. Kesan of the University of Illinois on the question of how courts should treat "litigation-driven scholarship", that is to say, studies and research... [Read More]

Tracked on Apr 17, 2006 11:23:19 AM

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