The Economics of Pretrial Discovery

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Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Economics of Pretrial Discovery by : George B. Shepherd

Download or read book The Economics of Pretrial Discovery written by George B. Shepherd and published by . This book was released on 2009 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Empirical Study of the Economics of Pretrial Discovery

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis An Empirical Study of the Economics of Pretrial Discovery by : George B. Shepherd

Download or read book An Empirical Study of the Economics of Pretrial Discovery written by George B. Shepherd and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper investigates the pretrial discovery process empirically. Using data from an interview survey of both attorneys in 369 federal civil cases, I identify factors that determine cases' discovery levels. The four main results suggest an overriding pattern: In the discovery process, plaintiffs behave differently from defendants. First, plaintiffs tend to conduct fundamentals discovery: The plaintiff chooses an amount of discovery by examining a case's underlying fundamentals, such as the amount at stake or the number of factual issues. The plaintiff does not increase her discovery in response to increased discovery by the defendant. Second, in contrast, the defendant's choice of discovery amount tends not to rely on fundamentals. Instead, the defendant chooses an amount that mirrors the plaintiff's amount, counter-punching in response to whatever discovery the plaintiff conducts. Third, the plaintiff and defendant respond to their adversary's apparently excessive discovery requests differently. If the plaintiff appears to have conducted excessive discovery, then the defendant retaliates: The defendant responds by conducting more discovery than she otherwise would have, almost exactly tit-for-tat. In contrast, the plaintiff responds to the defendant's apparent discovery aggression by retreating: The plaintiff conducts less discovery than otherwise. The litigants' behaviors of counter-punching, retaliating, and retreating demonstrate the interdependence of the amounts of discovery that each litigant seeks. Fourth, the nature of an attorney's fee arrangement influences the attorney's discovery behavior substantially. A litigant's discovery behavior also responds to characteristics of both the litigant and the adversary.

The Conflict of Jurisdictions

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Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.:/5 (221 download)

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Book Synopsis The Conflict of Jurisdictions by : Michael Adams

Download or read book The Conflict of Jurisdictions written by Michael Adams and published by . This book was released on 1991 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Pretrial Discovery and the Adversary System

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Publisher : Russell Sage Foundation
ISBN 13 : 1610446321
Total Pages : 317 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Pretrial Discovery and the Adversary System by : William A. Glaser

Download or read book Pretrial Discovery and the Adversary System written by William A. Glaser and published by Russell Sage Foundation. This book was released on 1968-12-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

United States Attorneys' Manual

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Foundations of Economic Analysis of Law

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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.

Michigan Court Rules

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ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Economic Models of Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781000158
Total Pages : 383 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Economic Models of Law by : Thomas J. Micell

Download or read book Research Handbook on Economic Models of Law written by Thomas J. Micell and published by Edward Elgar Publishing. This book was released on 2013-12-27 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: øOne of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art

Illinois Pretrial Practice

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Publisher :
ISBN 13 : 9781580120777
Total Pages : pages
Book Rating : 4.1/5 (27 download)

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Book Synopsis Illinois Pretrial Practice by : Kevin G. Owens

Download or read book Illinois Pretrial Practice written by Kevin G. Owens and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Litigation Economics

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Publisher : Emerald Group Publishing
ISBN 13 : 9781559387569
Total Pages : 291 pages
Book Rating : 4.3/5 (875 download)

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Book Synopsis Litigation Economics by : Patrick A. Gaughan

Download or read book Litigation Economics written by Patrick A. Gaughan and published by Emerald Group Publishing. This book was released on 1993 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses such topics in the field of litigation economics as forensic economics, estimating damages in personal injury and wrongful death cases, forecasting medical costs in tort cases and economic analysis of business interruption losses

Handbook of Public Economics

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Publisher : Elsevier
ISBN 13 : 0080544193
Total Pages : 744 pages
Book Rating : 4.0/5 (85 download)

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Book Synopsis Handbook of Public Economics by : Martin Feldstein

Download or read book Handbook of Public Economics written by Martin Feldstein and published by Elsevier. This book was released on 2002-01-25 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Field of Public Economics has been changing rapidly in recent years, and the sixteen chapters contained in this Handbook survey many of the new developments. As a field, Public Economics is defined by its objectives rather than its techniques and much of what is new is the application of modern methods of economic theory and econometrics to problems that have been addressed by economists for over two hundred years. More generally, the discussion of public finance issues also involves elements of political science, finance and philosophy. These connections are evidence in several of the chapters that follow. Public Economics is the positive and normative study of government's effect on the economy. We attempt to explain why government behaves as it does, how its behavior influences the behavior of private firms and households, and what the welfare effects of such changes in behavior are. Following Musgrave (1959) one may imagine three purposes for government intervention in the economy: allocation, when market failure causes the private outcome to be Pareto inefficient, distribution, when the private market outcome leaves some individuals with unacceptably low shares in the fruits of the economy, and stabilization, when the private market outcome leaves some of the economy's resources underutilized. The recent trend in economic research has tended to emphasize the character of stabilization problems as problems of allocation in the labor market. The effects that government intervention can have on the allocation and distribution of an economy's resources are described in terms of efficiency and incidence effects. These are the primary measures used to evaluate the welfare effects of government policy.

Discovery Practice, 9th Edition

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Publisher : Wolters Kluwer
ISBN 13 : 1454883812
Total Pages : 1196 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Discovery Practice, 9th Edition by : Herr, Haydock

Download or read book Discovery Practice, 9th Edition written by Herr, Haydock and published by Wolters Kluwer. This book was released on 2017-05-18 with total page 1196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement. Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whet

Handbook of Law and Economics

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Publisher : Elsevier
ISBN 13 : 0444512357
Total Pages : 887 pages
Book Rating : 4.4/5 (445 download)

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Book Synopsis Handbook of Law and Economics by : A. Mitchell Polinsky

Download or read book Handbook of Law and Economics written by A. Mitchell Polinsky and published by Elsevier. This book was released on 2007-11-21 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. Our hope is that this two volume Handbook will foster the study of the legal system by economists. *The two volumes form a comprehensive and accessible survey of the current state of the field. *Chapters prepared by leading specialists of the area. *Summarizes received results as well as new developments.

Economic Analysis of Law

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Publisher : Aspen Publishing
ISBN 13 : 1454845538
Total Pages : 1717 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Economic Analysis of Law by : Richard A. Posner

Download or read book Economic Analysis of Law written by Richard A. Posner and published by Aspen Publishing. This book was released on 2014-01-08 with total page 1717 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

The Economics of Innovation and Intellectual Property

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Publisher : Oxford University Press
ISBN 13 : 0197630944
Total Pages : 649 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The Economics of Innovation and Intellectual Property by : Bronwyn H. Hall

Download or read book The Economics of Innovation and Intellectual Property written by Bronwyn H. Hall and published by Oxford University Press. This book was released on 2024-10-04 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive textbook covering all aspects of the economics of innovation and the role of intellectual property in encouraging or discouraging innovation. Innovation is widely viewed as the engine behind economic growth, and it has assumed increasing importance in contemporary economic research. In The Economics of Innovation and Intellectual Property, Bronwyn H. Hall and Christian Helmers introduce readers to the use of economic analysis for the understanding of technical change and the innovative process, its determinants, and consequences. The authors cover innovation basics, the measurement of returns to innovation for individuals and the economy, and the use of intellectual property protection by innovators. They focus on the various ways patents have been used by industry to secure returns to innovation, as well as the strategic use of patents, and they emphasize present-day technologies including pharmaceuticals, software, and AI. Clearly organized and accessible, The Economics of Innovation and Intellectual Property offers a useful introduction to economics, business, public policy, and legal studies, and provides a comprehensive collection of references and information from a variety of sources across disciplines. It also includes various boxes with definitions and examples, as well as a brief mathematical appendix explaining concepts that may be unfamiliar and an introduction to data sources.

The Oxford Handbook of Empirical Legal Research

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Publisher : OUP Oxford
ISBN 13 : 019163543X
Total Pages : 1112 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Empirical Legal Research by : Peter Cane

Download or read book The Oxford Handbook of Empirical Legal Research written by Peter Cane and published by OUP Oxford. This book was released on 2012-05-17 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.