Society: Events: COMMON GOOD FORUM: The Boundaries of Litigation

COMMON GOOD FORUM: The Boundaries of Litigation

April 15, 2008

Location: The Brookings Institution, Washington, DC

The Boundaries of Litigation forum, co-hosted by Common Good and the Kauffman Foundation, brought together, as presenters and audience participants, some of the most expert and insightful leaders in law: judges, legal scholars and practitioners, policymakers and business leaders. Together they examined whether our civil justice system properly aligns with our social goals, the need for clearer boundaries in litigation, and solutions for restoring reliability to civil justice.

AGENDA: For a copy of the agenda, click here.

SPEAKER BIOS: For more information about the forum participants, click here.

PHOTOS: For more photos from the event, click here.

WEBCAST: To watch a video of each segment of the day's program, please select from the links below.

PANEL 1: The Alignment of Civil Justice with Social Goals (webcast)

Moderator:

Robert E. Litan, Vice President for Research and Policy, Kauffman Foundation

Presentation:

Is The Law Dynamically Efficient? (ppt)
Robert E. Litan, Vice President for Research and Policy, Kauffman Foundation

Panelists:

Richard Arum, Professor, New York University

Walter E. Dellinger III, Professor, Duke University School of Law; Partner, O’Melveny & Myers LLP

E. Donald Elliott, Professor, Yale Law School; Partner, Willkie Farr & Gallagher LLP
» ppt

Mark McClellan, Director of the Engelberg Center for Health Care Reform, Brookings Institution

PANEL 2. The Role of Judges in Drawing Boundaries of Reasonableness as a Matter of Law (webcast)

Moderator:

Philip K. Howard, Founder and Chair, Common Good

Presentation:

Individual Rights, Mass Markets, and the Judge-Jury Issue in Tort Law (pdf of paper)
Mark A. Geistfeld, Professor, New York University School of Law

Panelists:

Lord Leonard Hoffmann, Senior Judge, Appellate Committee of the House of Lords

Edith H. Jones, Judge, U.S. Court of Appeals for the Fifth Circuit

Jon O. Newman, Senior Judge, U.S. Court of Appeals for the Second Circuit

George L. Priest, Professor, Yale Law School

LUNCH (webcast): Remarks by Lord Leonard Hoffmann, Senior Judge, Appellate Committee of the House of Lords

PANEL 3. The History and Growth of Non-Economic Damages (webcast)

Moderator: Samuel Issacharoff, Professor, New York University School of Law

Presentation:

The Political Economy of Pain (pdf of paper) (click here for ppt)
John Fabian Witt, Professor, Columbia University

Panelists:

Gillian K. Hadfield, Professor, University of Southern California School of Law
» ppt

Nathan Hecht, Justice, Supreme Court of Texas

Michael Traynor, President, American Law Institute
» handout

PANEL 4: Imagining New Structures of Civil Justice (Including a Comparative Review)

Panel 4a (webcast)

Moderator: Gillian K. Hadfield, Professor, University of Southern California School of Law

Presentations:

Litigation, Social Trust, and Individual Empowerment: Can they Co-exist? (pdf of paper) (click here for ppt)
Anthony J. Sebok, Professor, Benjamin N. Cardozo School of Law
Lars Trägårdh, Professor, Ersta Sköndal University College (Stockholm)

Tort Reform, Kiwi-Style (pdf of paper)
Peter H. Schuck, Professor, Yale Law School

Guiding Litigation: Applying Law to Facts in Germany (pdf of paper)
James R. Maxeiner, Professor, University of Baltimore School of Law

Panel 4b (webcast)

Moderator: Philip K. Howard, Founder and Chair, Common Good

Panelists: 

Anthony M. Kennedy, Justice, U.S. Supreme Court

Lord Leonard Hoffmann, Senior Judge, Appellate Committee of the House of Lords

Robert E. Litan, Vice President for Research and Policy, Kauffman Foundation

John M. Walker, Jr., Senior Judge, U.S. Court of Appeals for the Second Circuit

Bios

Agenda

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