Herbert M. Kritzer

University of Minnesota Law School

Professor of Law

229 19th Avenue South

Minneapolis, MN 55455

United States

  • University of Minnesota Law School

SCHOLARLY PAPERS

54

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SSRN CITATIONS
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Top 17,541

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12

CROSSREF CITATIONS

43

Ideas:
“  My book on legal malpractice will be available in March 2018. My new project focuses on the politics of changing methods of state judicial selection and retention  ”

  • University of Minnesota Law School

Scholarly Papers (54)

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1.

The Commodification of Insurance Defense Practice

Vanderbilt Law Review, 2006, William Mitchell Legal Studies Research Paper No. 69
Number of pages: 62 Posted: 06 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 833 (31,240)

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Insurance, lawyers, torts, legal practice, commodification

2.

Fee Regimes and the Cost of Civil Justice

Civil Justice Quarterly, Vol. 28, 2009, Minnesota Legal Studies Research Paper No. 09-25
Number of pages: 25 Posted: 26 Jun 2009 Last Revised: 05 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 735 (37,036)

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legal profession, legal fees, contingency fees, cost of litigation

3.

Jackpot Justice and the American Tort System: Thinking Beyond Junk Science

Number of pages: 28 Posted: 02 Jul 2008
Tom Baker, Herbert M. Kritzer and Neil Vidmar
University of Pennsylvania Law School, University of Minnesota Law School and Duke University - School of Law
Downloads 596 (48,967)

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Torts

4.

To Lawyer, or Not to Lawyer, is That the Question?

William Mitchell Legal Studies Research Paper No. 82, 2nd Annual Conference on Empirical Legal Studies Paper , Journal of Empirical Legal Studies, Forthcoming
Number of pages: 41 Posted: 06 Aug 2007 Last Revised: 26 Aug 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 402 (79,662)
Citation 3

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legal needs, access to justice

5.

The Antecedents of Disputes: Complaining and Claiming

Downloads 365 ( 89,106)
Citation 1

The Antecedents of Disputes: Complaining and Claiming

Minnesota Legal Studies Research Paper No. 10-33
Number of pages: 41 Posted: 29 Jun 2010
Herbert M. Kritzer
University of Minnesota Law School
Downloads 193 (171,567)
Citation 1

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Claiming, Propensity to Sue, Legal Mobilization

The Antecedents of Disputes: Complaining and Claiming

Oñati Socio-Legal Series, Vol. 1, No. 6, 2011
Number of pages: 31 Posted: 12 Oct 2011
Herbert M. Kritzer
University of Minnesota Law School
Downloads 172 (190,249)

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claiming, complaining, propensity to Sue, litigiousness

6.

Defending Torts: What Should We Know?

William Mitchell Legal Studies Research Paper No. 70, Univ. of Wisconsin Legal Studies Research Paper No. 1044, Journal of Tort Law, Forthcoming
Number of pages: 61 Posted: 30 Mar 2007
Herbert M. Kritzer
University of Minnesota Law School
Downloads 319 (103,657)

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litigation, torts, defense, lawyers, insurers, insurance, defendants

7.

Seven Dogged Myths Concerning Contingency Fees

Washington University Law Quarterly, Vol. 80, pp. 739-794, 2002
Number of pages: 46 Posted: 14 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 307 (108,095)

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Contingent fee, contingency fee, tort, plaintiff, lawyer

8.

Private Enforcement of Statutory and Administrative Law in the United States (and Other Common Law Countries)

in PROCEDURAL JUSTICE 197-318 (Peter Gottwald & Burkhard Hess, eds. 2014)., U of Penn Law School, Public Law Research Paper No. 11-08
Number of pages: 120 Posted: 09 Mar 2011 Last Revised: 06 May 2014
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 293 (113,667)
Citation 5

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Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

9.

Empirical Legal Studies Before 1940: A Bibliographic Essay

Minnesota Legal Studies Research Paper No. 09-27
Number of pages: 51 Posted: 02 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 271 (123,366)
Citation 1

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empirical legal studies, legal history

10.

Research is a Messy Business: An Archeology of the Craft of Socio-Legal Research

CONDUCTING LAW AND SOCIETY RESEARCH: REFLECTIONS ON METHODS AND PRACTICES, Simon Halliday and Patrick Schmidt, eds., New York: Cambridge University Press, 2009, William Mitchell Legal Studies Research Paper No. 101
Number of pages: 16 Posted: 26 Oct 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 262 (127,914)

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research methods, qualitative research, quantitative research, data collection

11.

When the Lawyer Screws Up: A Portrait of Legal Malpractice Claims and Their Resolution

Duke Law School Public Law & Legal Theory Series No. 2015-29
Number of pages: 76 Posted: 08 Jul 2015 Last Revised: 27 Aug 2015
Herbert M. Kritzer and Neil Vidmar
University of Minnesota Law School and Duke University - School of Law
Downloads 257 (130,480)
Citation 2

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legal profession, litigation, malpractice

12.

Daubert in the States: Diffusion of a New Approach to Expert Evidence in Court

1st Annual Conference on Empirical Legal Studies
Number of pages: 33 Posted: 05 Jul 2006
Herbert M. Kritzer and Darryn C. Beckstrom
University of Minnesota Law School and University of Wisconsin - Madison - Department of Political Science
Downloads 257 (130,480)

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diffusion, Daubert, expert evidence, scientific evidence

13.

Private Enforcement

Lewis & Clark Law Review, Vol. 17, P. 637, 2013, U of Penn Law School, Public Law Research Paper No. 13-22, Minnesota Legal Studies Research Paper No. 13-46
Number of pages: 88 Posted: 15 Sep 2013
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 247 (135,829)

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Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

14.

The (Nearly) Forgotten Early Empirical Legal Research

Minnesota Legal Studies Research Paper No. 09-26
Number of pages: 28 Posted: 02 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 228 (146,853)
Citation 1

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Early Empirical Legal Studies, legal history, civil litigation

15.

The Arts of Persuasion in Science and Law: Conflicting Norms in the Courtroom

Law and Contemporary Problems, 2007, William Mitchell Legal Studies Research Paper No. 86
Number of pages: 25 Posted: 25 Oct 2007 Last Revised: 27 May 2014
Herbert M. Kritzer
University of Minnesota Law School
Downloads 209 (159,442)

Abstract:

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expert testimony, Daubert

16.

Daubert in the Law Office: Routinizing Procedural Change

Univ. of Wisconsin Legal Studies Research Paper No. 1043, William Mitchell Legal Studies Research Paper No. 72, Journal of Empirical Legal Studies, Forthcoming
Number of pages: 44 Posted: 01 Oct 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 197 (168,525)

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litigation, expert testimony, scientific testimony, evidence

17.

The Business of State Supreme Courts, Revisited

Univ. of Wisconsin Legal Studies Research Paper No. 1033
Number of pages: 19 Posted: 21 Dec 2006
Herbert M. Kritzer, Paul Brace, Melinda Gann Hall and Brent D. Boyea
University of Minnesota Law School, Rice University - Department of Political Science, Michigan State University - Department of Political Science and University of Texas at Arlingtion
Downloads 184 (179,240)

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state supreme court, litigation

18.

Toward a Theorization of Craft

William Mitchell Legal Studies Research Paper No. 73, Socio-Legal Studies, Forthcoming
Number of pages: 36 Posted: 06 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 160 (202,316)

Abstract:

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legal profession, judicial behavior, judging

19.

Lawyers on Trial: Juror Hostility to Defendants in Legal Malpractice Trials

Duke Law School Public Law & Legal Theory Series No. 2015-15, Minnesota Legal Studies Research Paper No. 15-06
Number of pages: 30 Posted: 18 Mar 2015 Last Revised: 09 Apr 2015
Herbert M. Kritzer and Neil Vidmar
University of Minnesota Law School and Duke University - School of Law
Downloads 159 (203,374)

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Legal profession, legal malpractice, juries

20.

Does Chevron Matter?

Downloads 152 (211,200)
Citation 7

Does Chevron Matter?

Law and Policy, Vol 28, No. 4, October 2006
Number of pages: 40 Posted: 06 Jun 2006
Mark J. Richards, Joseph L. Smith and Herbert M. Kritzer
Grand Valley State University - Department of Political Science, Grand Valley State University - Department of Political Science and University of Minnesota Law School
Downloads 125 (247,491)

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Administrative law, Supreme Court, judicial regimes, deference

Does Chevron Matter?

Law & Policy, Vol. 28, No. 4, pp. 444-469, October 2006
Number of pages: 26 Posted: 08 Sep 2006
Mark J. Richards, Joseph L. Smith and Herbert M. Kritzer
Grand Valley State University - Department of Political Science, Grand Valley State University - Department of Political Science and University of Minnesota Law School
Downloads 27 (539,435)
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21.

Examining the Real Demand for Legal Services

William Mitchell Legal Studies Research Paper No. 102
Number of pages: 20 Posted: 02 Dec 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 138 (228,363)
Citation 7

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Access to Justice, Legal Services

22.

'Law is the Mere Continuation of Politics by Different Means': American Judicial Selection in the Twenty-First Century

DePaul Law Review, March 2007, Univ. of Wisconsin Legal Studies Research Paper No. 1032, William Mitchell Legal Studies Research Paper No. 71
Number of pages: 79 Posted: 07 Dec 2006 Last Revised: 23 Dec 2008
Herbert M. Kritzer
University of Minnesota Law School
Downloads 136 (231,032)

Abstract:

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judicial selection, judicial elections

23.

Competition in State Supreme Court Elections, 1946-2009

Journal of Empirical Legal Studies, Forthcoming, Minnesota Legal Studies Research Paper No. 10-08
Number of pages: 31 Posted: 10 Feb 2010 Last Revised: 26 Sep 2010
Herbert M. Kritzer
University of Minnesota Law School
Downloads 123 (249,614)

Abstract:

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State Supreme Court Elections

24.

The Trials and Tribulations of Counting 'Trials'

63 DePaul Law Review 415-441 (2013) , Minnesota Legal Studies Research Paper No. 12-26
Number of pages: 28 Posted: 22 Jun 2012 Last Revised: 13 Sep 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 122 (251,177)
Citation 1

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Civil Litigation, Trials, Criminal Justice

25.

Law Schools and the Continuing Growth of the Legal Profession

Oñati Socio-Legal Series, Vol. 3, No. 3, 2013
Number of pages: 24 Posted: 31 Jul 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 121 (252,742)

Abstract:

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Legal profession, Legal education, Abogacía, Educación legal

26.

An Exploration of 'Non-Economic' Damages in Civil Jury Awards

William & Mary Law Review, 2014, Forthcoming, Minnesota Legal Studies Research Paper No. 13-39
Number of pages: 57 Posted: 29 Aug 2013
Herbert M. Kritzer, Guangya Liu and Neil Vidmar
University of Minnesota Law School, Duke University School of Law and Duke University - School of Law
Downloads 115 (262,225)

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civil juries, pain and suffering, damages

27.

Change in State Supreme Court Elections: Is Voting Becoming More Partisan?

Minnesota Legal Studies Research Paper No. 11-29, APSA 2011 Annual Meeting Paper
Number of pages: 44 Posted: 11 Jul 2011
Herbert M. Kritzer
University of Minnesota Law School
Downloads 115 (262,225)
Citation 1

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28.

Lawyers at Work: Theories and Methods

Minnesota Legal Studies Research Paper No. 15-04
Number of pages: 13 Posted: 17 Mar 2015 Last Revised: 09 Apr 2015
Herbert M. Kritzer
University of Minnesota Law School
Downloads 106 (277,673)
Citation 1

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legal profession, litigation

29.

Reporting Civil Litigation on Local Television News

William Mitchell Legal Studies Research Paper No. 96, Version 2a, 3rd Annual Conference on Empirical Legal Studies Papers (revised)
Number of pages: 20 Posted: 15 May 2008 Last Revised: 28 Sep 2008
Herbert M. Kritzer and Robert E. Drechsel
University of Minnesota Law School and University of Wisconsin - Madison - School of Journalism & Mass Communication
Downloads 106 (277,673)

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civil litigation, media, news reporting

30.

It’s the Law Schools Stupid! Explaining the Continuing Increase in the Number of Lawyers

Minnesota Legal Studies Research Paper No. 12-23
Number of pages: 26 Posted: 22 Jun 2012
Herbert M. Kritzer
University of Minnesota Law School
Downloads 104 (281,437)

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legal education, legal profession

31.

Early Empirical Research on Civil Justice

Minnesota Legal Studies Research Paper No. 09-29
Number of pages: 18 Posted: 01 Jul 2009
Herbert M. Kritzer
University of Minnesota Law School
Downloads 104 (281,437)

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Civil Litigation, Empirical Legal Research

32.

Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts

Downloads 99 (290,886)
Citation 1

Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts

University of Minnesota Law School Working Papers (2018)
Number of pages: 73 Posted: 30 Apr 2018
Herbert M. Kritzer
University of Minnesota Law School
Downloads 50 (429,428)

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judicial behavior, judicial decision-making, political polarization, federal courts

Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts

University of Minnesota Law School, Working Papers, May 5, 2018
Number of pages: 86 Posted: 31 May 2018
Herbert M. Kritzer
University of Minnesota Law School
Downloads 49 (433,330)
Citation 1

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judicial decision-making, judicial behavior, federal courts, supreme court, court of appeals

33.

Roll-Off in State Court Elections: Change Over Time and the Impact of the Straight-Ticket Voting Option

Number of pages: 29 Posted: 03 Jul 2015
Herbert M. Kritzer
University of Minnesota Law School
Downloads 91 (306,947)

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judicial selection, judicial elections

34.

Advocacy and Rhetoric vs. Scholarship and Evidence in the Debate Over Contingency Fees: A Reply to Professor Brickman

Washington University Law Quarterly, Vol. 82, pp. 477-507, 2004
Number of pages: 31 Posted: 14 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 86 (318,053)

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Contingency fee, contingent fee, plaintiffs lawyers, tort, lawyer fees

35.

The Partisan Character of State Supreme Court Retention Elections

Minnesota Legal Studies Research Paper No. 12-29, 7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 30 Posted: 14 Jul 2012 Last Revised: 16 Sep 2012
Herbert M. Kritzer
University of Minnesota Law School
Downloads 74 (347,564)

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Judicial selection, retention elections, law and politics

36.

A Portrait of Local News Reporting of Civil Litigation

Minnesota Legal Studies Research Paper No. 10-34, 5th Annual Conference on Empirical Legal Studies Paper
Number of pages: 27 Posted: 03 Jul 2010 Last Revised: 14 Jul 2010
Herbert M. Kritzer and Robert E. Drechsel
University of Minnesota Law School and University of Wisconsin - Madison - School of Journalism & Mass Communication
Downloads 69 (361,186)

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litigation, media, civil justice reform, tort reform

37.

Local News of Civil Litigation: All the Litigation News That's Fit to Print or Broadcast

Judicature, Vol. 96, No. 1, pp. 16-22, Minnesota Legal Studies Research Paper No. 12-46
Number of pages: 8 Posted: 18 Sep 2012
Herbert M. Kritzer and Robert E. Drechsel
University of Minnesota Law School and University of Wisconsin - Madison - School of Journalism & Mass Communication
Downloads 65 (372,691)

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News media, courts, civil litigation

38.

Polarization in American Politics: Does it Extend to the Federal District Court?

Number of pages: 28 Posted: 27 Jul 2017
Herbert M. Kritzer, Robert A. Carp and Kenneth L. Manning
University of Minnesota Law School, University of Houston and University of Massachusetts at Dartmouth
Downloads 62 (381,837)

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Judicial Behavior, Federal District Courts, Political Polarization

39.

The American Public's Assessment of the Rehnquist Court

Judicature, Vol. 89, No. 3, pp. 168-176, November-December 2005
Number of pages: 9 Posted: 06 Jun 2006
Herbert M. Kritzer
University of Minnesota Law School
Downloads 61 (384,876)

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public opinion, Supreme Court, Rehnquist Court

40.

To Regulate or Not to Regulate, or (Better Still) When to Regulate

Dispute Resolution Magazine, Vol. 19, No. 3 (Spring 2013), pp. 12-13, Minnesota Legal Studies Research Paper No. 13-37
Number of pages: 3 Posted: 28 Aug 2013 Last Revised: 31 Aug 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 57 (397,866)

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41.

Where Are We Going? The Generalist vs. Specialist Challenge

Tulsa Law Review, Vol. 47, No. 1, 2011, Minnesota Legal Studies Research Paper No. 12-47
Number of pages: 15 Posted: 18 Sep 2012
Herbert M. Kritzer
University of Minnesota Law School
Downloads 51 (418,578)

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Juries, Specialized Courts

42.

Supreme Court Elections and Tort Law Decisions

Minnesota Legal Studies Research Paper No. 14-33
Number of pages: 22 Posted: 10 Jul 2014
Herbert M. Kritzer
University of Minnesota Law School
Downloads 45 (441,041)
Citation 1

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Judicial Behavior, State Supreme Court Elections

43.

Judicial Elections in the 2010s

DePaul Law Review, Forthcoming
Number of pages: 32 Posted: 27 Jul 2017
Herbert M. Kritzer
University of Minnesota Law School
Downloads 32 (498,071)

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Courts, Judges, Judicial Elections, State Supreme Courts, Law and Politics

44.

A Tale of Two States

Minnesota Legal Studies Research Paper No. 13-38
Number of pages: 35 Posted: 28 Aug 2013 Last Revised: 29 Aug 2013
Herbert M. Kritzer
University of Minnesota Law School
Downloads 26 (530,294)
Citation 1

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45.

Competitiveness in State Supreme Court Elections, 1946-2009

Journal of Empirical Legal Studies, Vol. 8, Issue 2, pp. 237-259, 2011
Number of pages: 23 Posted: 20 May 2011
Herbert M. Kritzer
University of Minnesota Law School
Downloads 4 (677,821)
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46.

Impact of Judicial Elections on Judicial Decisions

Annual Review of Law and Social Science, Vol. 12, pp. 353-371, 2016
Posted: 18 Nov 2016
Herbert M. Kritzer
University of Minnesota Law School

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47.

Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States

Herbert M. Kritzer, RISKS, REPUTATIONS AND REWARDS: CONTINGENCY FEE LEGAL PRACTICE IN THE UNITED STATES, Stanford University Press, July 2004
Posted: 06 Aug 2004
Herbert M. Kritzer
University of Minnesota Law School

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48.

The Fracturing Legal Profession: The Case of Plaintiffs' Personal Injury Lawyers

Posted: 18 Jun 2001
Herbert M. Kritzer
University of Minnesota Law School

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49.

Investing in Justice: Can You Profit from Contingency Fee Work

Wisconsin Lawyer, Vol. 70, No. 1, 1997
Posted: 03 Dec 1998
Herbert M. Kritzer
University of Minnesota Law School

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50.

Contingent Fee Lawyers and Their Clients Settlement Expectations and Settlement Realities

Posted: 01 Dec 1998
Herbert M. Kritzer
University of Minnesota Law School

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51.

The Wages of Risk: The Returns of Contingency Fee Legal Practice

DePaul University Law Review, Vol. 47, No. 2, 1998
Posted: 22 Nov 1998
Herbert M. Kritzer
University of Minnesota Law School

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52.

Rethinking Barriers to Legal Practice: It is Time to Repeal Unauthorized Practice of Law Statutes

Judicature, Vol. 81, No. 3, 1997 and author's book Legal Advocacy: Lawyers and Nonlawyers at Work, University of Michigan Press.
Posted: 09 Nov 1998
Herbert M. Kritzer
University of Minnesota Law School

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53.

The Shadow of Punitives: An Unsuccessful Effort to Bring it into View

Wisconsin Law Review, 1998
Posted: 04 Nov 1998
Herbert M. Kritzer and Frances K. Zemans
University of Minnesota Law School and affiliation not provided to SSRN

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54.

Lawyers Seeking Clients, Clients Seeking Lawyers: Sources of Contingency Fee Cases and Their Implications for Case Handling

Posted: 30 Jul 1998
Herbert M. Kritzer and Jayanth K. Krishnan
University of Minnesota Law School and Indiana University Maurer School of Law

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