The overwhelming majority of criminal defendants plead guilty, rendering jury trials the
exception in criminal courts and negotiated pleas the norm.'The standard explanation for …

This Article draws a distinction between two kinds of plea bargain-ing. In some instances,
the practice of plea bargaining leads to what this Article calls de facto unilateral adjudication …

In July 1967, Judge Skelly Wright was hopeful about the future of unconscionability.'
President Lyndon B. Johnson's War on Poverty was well underway, and battalions of …

In theory, tort law requires individual tortfeasors to compensate their victims for the wrongs
they have negligently or intentionally inflicted. Negligent tortfeasors must pay damages from …

Law, Economics, and Morality examines the possibility of combining economic methodology
and deontological morality through explicit and direct incorporation of moral constraints into …

Theories of coercion exist across multiple disciplines to explicate the ability of one actor, the
coercer, to diminish the free will of another, the coercee, in the absence of overt physical …

Manufacturing contracts in the automotive industry have served a canonical role in the
economic theory of contract and bargaining. The famous story of General Motors' …

Bond workouts are a famously dysfunctional method of debt restructuring. The process is so
ridden with opportunistic and coercive behavior by both bondholders and bond issuers as to …

How can a prosecutor, who has only limited resources, credibly threaten so many
defendants with costly and risky trials and extract plea bargains involving harsh sentences …

THE US REPUTATION for litigiousness is so pervasive that it has entered our cultural fabric:
books and articles have been written about it and a variety of popular media have satirized …