The Economics Of Courts And Litigation

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The Economics of Courts and Litigation

Author : Francisco Cabrillo
Publisher : Edward Elgar Publishing
ISBN 13 : 1848442742
Total Pages : 283 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis The Economics of Courts and Litigation by : Francisco Cabrillo

Download or read book The Economics of Courts and Litigation written by Francisco Cabrillo and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law tradition, but offer analysis of issues not normally found in the North-American literature, such as the Latin notary and the selection and values of judges in civil law systems. They further propose an ample list of considerations for a reform agenda. Offering a comprehensive look at the incentives facing many key players in the administration of justice, this book should be of great interest to law and economics scholars, civil law professors, legal reformers, international development institutions and law students mindful of the need to improve the functioning of courts.

Civil Procedure

Author : Robert G. Bone
Publisher :
ISBN 13 :
Total Pages : 350 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Civil Procedure by : Robert G. Bone

Download or read book Civil Procedure written by Robert G. Bone and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school casebook is organized around a set of policy puzzles and problems. It is especially important for students of civil procedure to understand the economics central to such procedure. It discusses how to predict the severity of frivolous litigation, and why some suits fail to settle and go to trial. Discovery, preclusion law, and attorney's fees are included in the economic analysis of litigation.

Regulation Versus Litigation

Author : Daniel P. Kessler
Publisher : University of Chicago Press
ISBN 13 : 0226432181
Total Pages : 344 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler

Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.

Law and Economics in Civil Law Countries

Author : Bruno Deffains
Publisher : Routledge
ISBN 13 : 1135697078
Total Pages : 254 pages
Book Rating : 4.1/5 (356 download)

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Book Synopsis Law and Economics in Civil Law Countries by : Bruno Deffains

Download or read book Law and Economics in Civil Law Countries written by Bruno Deffains and published by Routledge. This book was released on 2003-07-17 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of the book is to highlight the law and economics issues confronting civil law countries.

Law and Economics

Author : Nicholas Mercuro
Publisher : Springer Science & Business Media
ISBN 13 : 9400910797
Total Pages : 268 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Law and Economics by : Nicholas Mercuro

Download or read book Law and Economics written by Nicholas Mercuro and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The character of economic life] in a society is dependent upon, among 2 other things, its political-legal-economic institutional setting. Within that institutional structure, the individuals who comprise that society attempt to cooperate with one another to their mutual advantage so as to accommodate their joint utility-maximizing endeavors. In addition, these same individuals call upon certain societal institutions to adjust the con flicting claims of different individuals and groups. In this regard, a society is perceived as both a cooperative venture for mutual advantage where there are an identity of interests and, as well, an arena of conflict where there exists a mutual interdependence of conflicting claims or interests. The manner in which a society structures its political-legal-economic institutions 1) to enhance the scope of its cooperative endeavors and 2) to channel internal political-legal-economic conflicts toward resolution, shapes the character of economic life in that society. In contemplating the structure of its institutions intended to promote cooperation and channel conflict, a society confronts several issues. At the most general level an enduring issue is how a society both perceives and then ideologically transmits (perhaps teaches or rationalizes), inter nally and/or externally, its perceptions of so-called "cooperative en deavors" and "arenas of conflict." There can be no doubt that the resultant structure of a society's institutions will reflect that society's perception as to what cooperation entails and what conflict constitutes.

Economics in Legal Reasoning

Author : Péter Cserne
Publisher : Springer Nature
ISBN 13 : 3030401685
Total Pages : 157 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Economics in Legal Reasoning by : Péter Cserne

Download or read book Economics in Legal Reasoning written by Péter Cserne and published by Springer Nature. This book was released on 2020-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.

Trouble at the Bar

Author : Clifford Winston
Publisher : Brookings Institution Press
ISBN 13 : 0815739125
Total Pages : 253 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Trouble at the Bar by : Clifford Winston

Download or read book Trouble at the Bar written by Clifford Winston and published by Brookings Institution Press. This book was released on 2021-03-02 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deregulating the legal profession will benefit society by improving access to legal services and the efficacy of public policies. Lawyers dominate a judicial system that has come under fire for limiting access to its services to primarily the most affluent members of society. Lawyers also have a pervasive influence throughout other parts of government. This is the first book offering a critical comprehensive overview of the legal profession's role in failing to serve the majority of the public and in contributing to the formation of inefficient public policies that reduce public welfare. In Trouble at the Bar, the authors use an economic approach to provide empirical support for legal reformers who are concerned about their own profession. The authors highlight the adverse effects of the legal profession's self-regulation, which raises the cost of legal education, decreases the supply of lawyers, and limits the public's access to justice to the point where, in general, only certified lawyers can execute even simple contracts. At the same time, barriers to entry that limit competition create a closed environment that inhibits valid approaches to analyzing and solving legal problems that are at the heart of effective public policy. Deregulating the legal profession, the authors argue, would allow more people to provide a variety of legal services without jeopardizing their quality, reduce the cost of those services, spur competition and innovation in the private sector, and increase the quality of lawyers who pursue careers in the public sector. Legal practitioners would enjoy more fulfilling careers, and society in general and its most vulnerable members in particular would benefit greatly.

Foundations of Economic Analysis of Law

Author : Steven Shavell
Publisher : Harvard University Press
ISBN 13 : 0674043499
Total Pages : 760 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Foundations of Economic Analysis of Law by : Steven Shavell

Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Economic Analysis and Law

Author : Christopher E.S. Warburton
Publisher : Routledge
ISBN 13 : 1000073602
Total Pages : 511 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Economic Analysis and Law by : Christopher E.S. Warburton

Download or read book Economic Analysis and Law written by Christopher E.S. Warburton and published by Routledge. This book was released on 2020-05-20 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive presentation of the use of economics in judicial decisions, the book is structured to provide all the foundational concepts that are important for the application of economics to the development and interpretation of statutes that emanate from economic conditions. The diversity of the economic field defines the scope of the book and its relevance to the study of law and rule adjudication. Beyond the positive dimensions of law and economics, the book evaluates the normative aspects of law and economics when laws are imprecise, and markets are inefficient. The ethical scope of transactions and rule adjudication are further considered in the context of professional ethics and the rationale for ethical considerations in the practice of law and economics. It presents a unique analysis of law, finance, and economics, by taking a look at the intricate quantitative requirements that are essential for scientific knowledge in the courtroom and the international dimensions of the practice of law and economics beyond municipal frontiers. It alerts entrepreneurs to risk exposures in the global economy and provides foundational information for readers who are also interested in international law and economics, and the essence and interpretations of international conventions appertaining to money, expropriation, the environment, and investments in international financial markets. This book is a useful reference for both undergraduate and graduate students who are interested in law and economics, forensic economics, corporate white-collar crime, and legal studies. It is also valuable for certificate programs for paralegals who wish to have a basic understanding of economic and financial concepts.

The Second Wave of Law and Economics

Author : Megan Richardson
Publisher : Federation Press
ISBN 13 : 9781862873162
Total Pages : 156 pages
Book Rating : 4.8/5 (731 download)

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Book Synopsis The Second Wave of Law and Economics by : Megan Richardson

Download or read book The Second Wave of Law and Economics written by Megan Richardson and published by Federation Press. This book was released on 1999 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: How best can the analyses and insights of economics inform legal theory and "improve" legal decision-making? The contribution of the first wave of law and economics scholars was marked by dogmatic adherence to the free market ideals of the Chicago school. Today, the second wave places greater emphasis on empirical data and accepts a much wider range of non-economic values - an approach which offers promise of an objective and balanced reception of law and economics by the courts. This book demonstrates the richness and value of the second wave. The contributors include judges from the High Court of Australia and the Court of Appeal, New Zealand and academics from the Universities of Toronto, Melbourne and Cambridge.

The Economics of Lawmaking

Author : Francesco Parisi
Publisher : Oxford University Press
ISBN 13 : 0195374150
Total Pages : 346 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Economics of Lawmaking by : Francesco Parisi

Download or read book The Economics of Lawmaking written by Francesco Parisi and published by Oxford University Press. This book was released on 2009 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Francesco Parisi and Vincy Fon explore the process of legal rule production while considering issues of institutional design from a law and economics point of view." "The authors provide a comprehensive overview of the four fundamental sources of law: legislation, judge-made law. customary law, and international law. The defining features of these four sources are then dissected and closely examined using economic analysts and public choice theory. Each part includes an introduction into the lawmaking process for each source, and goes on to discuss such other issues as the optimal specificity of law in legislation to the theories of legal precedent, and to changes in customary lawmaking."--BOOK JACKET.

Forensic Economics

Author : Frank D. Tinari
Publisher : Springer
ISBN 13 : 1137563923
Total Pages : 331 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Forensic Economics by : Frank D. Tinari

Download or read book Forensic Economics written by Frank D. Tinari and published by Springer. This book was released on 2016-12-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.

Big Data Analytics in U.S. Courts

Author : Dwight Steward
Publisher : Springer Nature
ISBN 13 : 3030317803
Total Pages : 86 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Big Data Analytics in U.S. Courts by : Dwight Steward

Download or read book Big Data Analytics in U.S. Courts written by Dwight Steward and published by Springer Nature. This book was released on 2019-11-14 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Palgrave Pivot identifies the key legal, economic, and policy issues surrounding the allowance to use and interpret electronic data consistently and in a scientifically valid manner in U.S. courts. Evidence based on the analysis of large amounts of electronic data ("Big Data") plays an increasing role in civil court disputes, providing information that could not have been obtained from a witness stand. While Big Data evidence presents opportunities, it also presents legal and public policy challenges and concerns. How can one be sure that deviations found in Big Data fall outside the norm? If statistical analyses can be conducted and presented different ways, how can judges and juries make sense of conflicting interpretations? When does Big Data extraction stop being investigative and instead become an invasion of privacy? This book traces the history of Big Data use in U.S. courts, couples current case studies with legal challenges to explore key controversies, and suggests how courts can change the way they handle Big Data to ensure that findings are statistically significant and scientifically sound.

Economic Reasoning and Judicial Review

Author : Stephen G. Breyer
Publisher : American Enterprise Institute
ISBN 13 : 9780844771755
Total Pages : 36 pages
Book Rating : 4.7/5 (717 download)

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Book Synopsis Economic Reasoning and Judicial Review by : Stephen G. Breyer

Download or read book Economic Reasoning and Judicial Review written by Stephen G. Breyer and published by American Enterprise Institute. This book was released on 2004 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay, delivered as the AEI-Brookings Joint Center for Regulatory Studies's 2003 distinguished lecture, now is available for download and purchase.

Courts, Justice, and Efficiency

Author : Hector Fix-Fierro
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310559
Total Pages : 280 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Courts, Justice, and Efficiency by : Hector Fix-Fierro

Download or read book Courts, Justice, and Efficiency written by Hector Fix-Fierro and published by Bloomsbury Publishing. This book was released on 2004-01-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.

Economic Consequences of Litigation Worldwide

Author : Charles Platto
Publisher : Kluwer Law International B.V.
ISBN 13 : 904111095X
Total Pages : 454 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Economic Consequences of Litigation Worldwide by : Charles Platto

Download or read book Economic Consequences of Litigation Worldwide written by Charles Platto and published by Kluwer Law International B.V.. This book was released on 1999-07-28 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, The Section on Business Law of the International Bar Association established a Task Force on Economic Consequences of Litigation Worldwide to study and report on the different civil and commercial court systems throughout the world. The purpose of the Task Force was to evaluate the problems of civil litigation and propose solutions on a global scale, based on a comparative analysis of different jurisdictions, with a particular focus on commercial litigation and the economic consequences of litigation to worldwide business. The Task Force included representatives from Asia Pacific, Canada, Europe, United Kingdom and the United States. The project was divided into three stages: Fundamentals of Commercial Litigation, Problems and Consequences, and Solutions and Proposals for Change. Economic Consequences of Litigation Worldwide is the result of six years of intensive study and effort. It includes chapters on Asia Pacific (Australia, Hong Kong, Japan, New Zealand, Singapore), Canada, Europe (Denmark, France, Germany, Holland, Italy, Norway, Portugal, Spain, Sweden, Switzerland), the United Kingdom and the United States. The book provides a practical study of the various court systems throughout the world and problems and consequences of commercial litigation, along with a thoughtful analysis of proposed solutions.

Class Actions in Context

Author : Deborah R. Hensler
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470445
Total Pages : 448 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Class Actions in Context by : Deborah R. Hensler

Download or read book Class Actions in Context written by Deborah R. Hensler and published by Edward Elgar Publishing. This book was released on 2016-05-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action', in the Americas, Europe, Asia and the Middle East.