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Stephen Daniels

Lecturer

Publications

  • Inside Campaigns: Chronicles – and Lessons – from the Trenches, Lynne Rienner Publishers: 2011 (co-edited with James R. Bowers).
  • Hypotheticals, co-authored with James R.Bowers, Congressional Quarterly Press, forthcoming as an e-book for use in classes on constitutional law, civil liberties, and the Supreme Court).
  • A Brief Moment of Opportunity: The Effects of the Economic Downturn on the Delivery of Legal Services to the Poor, co-authored with Joanne Martin, University of Arkansas-Little Rock Law Review (forthcoming).
  • Plaintiffs‟ Lawyers and the Tension between Professional Norms and the Need to Generate Business, co-authored with Joanne Martin, in Leslie Levin and Lynn Mather, eds., Lawyers in Practice: Ethical Decision-Making in Context (University of Chicago Press, forthcoming).
  • Plaintiffs' Lawyers: Dealing with the Possible But Not Certain, co-authored with Joanne Martin, DePaul Law Review (forthcoming).
  • Long-Term Strategy in Local Elections, in Inside Campaigns, James R. Bowers and Stephen Daniels, eds. (Lynne Rienner Publishers: 2011).
  • It is No Longer Viable from a Practical and Business Standpoint: Damage Caps, „Hidden Victims,‟ and the Declining Interest in Medical Malpractice Cases, co-authored with Joanne Martin, 16 International Journal of the Legal Profession 187 (2009).
  • Legal Services for the Poor: Access, Self-Interest and Pro Bono, co-authored with Joanne Martin, in Rebecca Sandefur, ed., Access to Justice, 145-166 (JAI Press, 2009).
  • Book Review off Wayne McIntosh and Cynthia Cates, Multi-Party Litigation: The Strategic Context, The Law and Politics Book Review, Vol. 19 No. 8, 598-600 (August, 2009).
  • Book Review of Sarah Jain, Injury: The Politics of Product Design and Safety Law in the United States, 42 Law & Society Review 443-445 (2008).
  • Pro Bono: More than a Professional Responsibility, co-authored with Joanne Martin, in Lawrence Fox, ed., Raising the Bar, 217-235 (ABA Press, 2007).
  • Alive and Well (Maybe) in Texas: Plaintiffs‟ Practice in the Age of Tort Reform, co-authored with Joanne Martin, 51 New York Law School Law Review 286-320 (2007).
  • Plaintiffs‟ Lawyers, Specialization, and Medical Malpractice, co-authored with Joanne Martin, 59 Vanderbilt Law Review 1051-1073 (2006).
  • The Constitutional History and Contemporary Structure of Midwestern Governance, in Richard Sisson, et.al., eds., The American Midwest: An Interpretive Encyclopedia, 1560-63 (Indiana University Press, 2006).
  • The Texas Two-Step: Evidence on the Link Between Damage Caps and Access, co-authored with Joanne Martin, 55 DePaul Law Review 635-669 (2006).
  • Book Review of Herbert Kritzer, Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States, The Law and Politics Book Review, Vol. 15 No.3, 250-54 (March 2005).
  • The Strange Success of Tort Reform, co-authored with Joanne Martin, 53 Emory Law Journal 1225-1262 (2004).
  • Book Review of Carrie Menkel-Meadow, Dispute Processing and Conflict Resolution: Theory, Practice, and Policy, The Law and Politics Book Review, Vol 14. No. 6, 44-45 (June 2004).
  • It Was the Best of Times, It Was the Worst of Times: The Precarious Nature of Plaintiffs‟ Practice in Texas, co-authored with Joanne Martin, 80 Texas Law Review 1781-1828 (2002).
  • Personal Injury Law Practice, in Kermit Hall, ed., The Oxford Companion to American Law. 603-604 (Oxford University Press, 2002).
  • Book Review of Walter Bennett, The Lawyer’s Myth: Reviving Ideals in the Legal Profession, The Law and Politics Book Review, Vol 12. No. 4 (April 2002).
  • We Live on the Edge of Extinction All the Time: Entrepreneurs, Innovation and the Plaintiffs‟ Bar in the Wake of Tort Reform, co-authored with Joanne Martin, in Jerry Van Hoy, ed., Legal Professions: Work, Structure and Organization. 149-180 (Elsevier Science, 2001).
  • The Impact That It Has Had is Between People‟s Ears: Tort Reform, Mass Culture, and Plaintiffs‟ Lawyers, co-authored with Joanne Martin, 50 DePaul Law Review 453-496 (2000).
  • It‟s Darwinism B Survival of the Fittest: How Markets and Reputations Shape the Way in Which Plaintiffs‟ Lawyers Obtain Clients, co-authored with Joanne Martin, 21 Law & Policy 377-399 (1999).
  • Hypotheticals: Supreme Court Decision-Making and Constitutional Interpretation, co-authored with James R. Bowers, Longman 2 Publishers: 1998.
  • Punitive Damages, Change, and the Politics of Ideas: Defining Public Policy Problems, co-authored with Joanne Martin, 1998 University of Wisconsin Law Review 71-100 (1998).
  • That‟s 95% of the Game, Just Getting the Case: Markets, Norms and How Texas Plaintiffs Lawyers Get Clients, co-authored with Joanne Martin, American Bar Foundation Working Paper Series, 1998.
  • Access Denied: The Subtle Effects of Tort Reform, co-authored with Joanne Martin, Trial, 26-33 (July 1997).
  • Persistence Is Not Always a Virtue: Tort Reform, Civil Liability for Health Care and the Lack of Empirical Evidence, co-authored with Joanne Martin, 15 Behavioral Sciences & The Law 3-19 (1997).
  • Historical Fiction: Punitive Damages, Change, and the Politics of Ideas, co-authored with Joanne Martin, American Bar Foundation Working Paper Series 1996.
  • Civil Juries and the Politics of Reform, co-authored with Joanne Martin, Northwestern University Press: 1995.
  • Book Review of Austin Sarat and Thomas Kearns, eds., Law in Everyday Life, The Law and Politics Book Review, Vol 5. No. 3, 116-121 (March 1995).
  • Don't Kill the Messenger 'Till You Read the Message: Products Liability Verdicts in Six California Counties, 1970-90, co-authored with Joanne Martin, 16 Justice System Journal 69-95 (1993).
  • Why Kill All the Lawyers? Repeat Players and Strategic Advantage in Medical Malpractice Claims, co-authored with Mary Grossman and Joy Malby Bertrand, American Bar Foundation Working Paper Series 1992.
  • An Empirical Analysis of Closed Medical Malpractice Insurance Claims: The Wisconsin Health Care Liability Insurance Plan, 1976-1988, American Bar Working Paper Series 1992.
  • The Pragmatic Management of Error and the Origins of Malpractice Disputes, in Robert Dingwall and Paul Fenn, eds., Quality and Regulation in Health Care, 112-140 Routledge, London, (UK) (1992).
  • You Can't Interview the Dead, Book Review of McIntosh's The Appeal of the Civil Law and the Debate Over Longitudinal Studies of Courts, 16 Law and Social Inquiry 291-311 (1992).
  • Myth and Reality in Punitive Damages, co-authored with Joanne Martin, 75 Minnesota Law Review 1-64 (1990).
  • Tracing the Shadow of the Law: Jury Verdicts in Medical Malpractice Cases, 14 Justice System Journal 4-39 (1990); reprinted in 40 Defense Law Journal 415-449 (1991).
  • Caseload Dynamics and the Nature of Change: The Civil Business of Trial Courts in Four Counties, 1870 to 1960, 24 Law & Society Review 299-320 (1990).
  • The Question of Jury Competence and the Politics of Tort Reform, 52 Law and Contemporary Problems 269-310 (1989).
  • The Aetna Article: A Comment, 52 Law and Contemporary Problems 323 (1989).
  • Jury Verdicts in Medical Malpractice Cases, 25 Trial 23-30 (May 1989).
  • The Shadow of the Law: Jury Decisions in Obstetrics/Gynecology Cases, co-authored with Lori B. Andrews, in Victoria Rostow and Roger Bulger, eds., Medical Professional Liability and the Delivery of Obstetrical Care, 161-193 Washington, D.C.: National Academy Press (1989).
  • The Discontinuous Nature of Change: Institutional Constraints and Caseload Dynamics in Illinois Courts, 1880 to 1960, American Bar Foundation Working Paper Series 1988.
  • Empirical Patterns in Punitive Damage Cases: A Description of Incidence Rates and Awards, co-authored with Joanne Martin, American Bar Foundation Working Paper Series 1988.
  • A Tangled Story: Studying State Supreme Courts, 22 Law & Society Review 833-863 (1988).
  • Are Jury Awards Increasing?, co-authored with Joanne Martin, 26 Judges' Journal 10-15, 45-47 (Winter 1987).
  • Jury Verdicts and the `Crisis' in Civil Justice: Some Findings from an Empirical Study, co-authored with Joanne Martin, 11 Justice System Journal 321-348 (1986).
  • The Punitive Damage Dilemma in Products Liability Cases: Fact or Fiction, Part II, co-authored with Joanne Martin, Products Liability:Commentary & Cases, September, 1986.
  • The Punitive Damage Dilemma in Products Liability Cases: Fact or Fiction, Part I, co-authored with Joanne Martin, Products Liability Commentary & Cases, August 1986.
  • Are Caseloads Really Increasing? Not Necessarily, Judges' Journal, Summer 1986:35-41.
  • Punitive Damages: The Real Story, 72 American Bar Association Journal 60-63, August 1986.
  • Continuity and Change in Patterns of Case Handling: A Case Study of Two Rural Counties, 19 Law and Society Review 381-420 (1985).
  • We Are Not A Litigious Society, Judges' Journal, Spring 1985:18-21.
  • Ladders and Bushes: The Problems of Caseloads and Studying Court Activities Over Time, 1984 American Bar Foundation Research Journal 751-795 (1984).
  • The Illinois Supreme Court: What Role Does It Play?, Illinois Issues, April 1984:11 (co-author), 4 reprinted in Thad Beyle, ed., State Government: CQ's Guide to Current Issues and Activities (1985).
  • Illinois Appellate Judges: Ambivalent Policy-Makers, Illinois Issues, November 1982:22 (co-author).
  • Illinois Trial Judges: Pragmatic Fact Finders, Illinois Issues, January 1982:17 (co-author).
  • Civil Litigation in Illinois Trial Courts: An Exploration of Rural-Urban Differences, 4 Law and Policy Quarterly 190-214 (1982).
  • The Illinois Judicial System, co-authored with Frank Kopecky, in E. Crane, ed., Illinois: Political Processes and Governmental Performance. Dubuque: Kendal-Hunt, 1980.
  • The Supreme Court and Obscenity: An Exercise in Empirical Constitutional Policy-Making, 17 San Diego Law Review 757-799 (1980).
  • Social Science and Death Penalty Cases: Reflections on Change and the Empirical Justification of Constitutional Policy, 1 Law and Policy Quarterly 336 -372 (1979).