The Yale Law Journal

David Horton

Forum

The Limits of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

David Horton

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was supposed to eliminate forced arbitration of cases involving sexual misconduct. This Essay explains why the Act fails to do so. In addition, it outlines what lawmakers and courts can do to fix this problem.

Article

Probate Lending

David Horton & Andrea Cann Chandrasekher

One of the most controversial trends in American civil justice is litigation lending: corporations paying plaintiffs a lump sum in return for a stake in a pending lawsuit. Although causes of action were once inalienable, many jurisdictions have abandoned this bright-line prohibitio…