An Analysis Of Fee Shifting Based On The Margin Of Victory On Frivolous Suits Meritorious Suits And The Tole Of Rule 11

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An Analysis of Fee-shifting Based on the Margin of Victory

Author : Lucian A. Bebchuk
Publisher :
ISBN 13 :
Total Pages : 54 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis An Analysis of Fee-shifting Based on the Margin of Victory by : Lucian A. Bebchuk

Download or read book An Analysis of Fee-shifting Based on the Margin of Victory written by Lucian A. Bebchuk and published by . This book was released on 1994 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule of litigation cost allocation (under which each litigant bears its own expenses) nor the British rule (under which the losing litigant pays the attorneys' fees of the winning litigant) would induce plaintiffs to make optimal decisions to bring suit. In particular, plaintiffs may bring frivolous suits when litigation costs are sufficiently small relative to the amount at stake, and plaintiffs may not bring some meritorious suits when litigation costs are sufficiently large relative to the amount at stake. We analyze the effect of more general fee-shifting rules that are based not only upon the identity of the winning party but also on how strong the court perceives the case to be at the end of the trial -- that is, the 'margin of victory.' In particular, we explore how and when one can design such a rule to induce plaintiffs to sue if and only if they believe their cases are sufficiently strong. Our analysis suggests some considerations to guide the interpretation of Federal Rule of Civil Procedure 11.

Balancing of interests

Author : Hans-Eric Rasmussen-Bonne
Publisher : Verlag Recht und Wirtschaft
ISBN 13 : 9783800514373
Total Pages : 544 pages
Book Rating : 4.5/5 (143 download)

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Book Synopsis Balancing of interests by : Hans-Eric Rasmussen-Bonne

Download or read book Balancing of interests written by Hans-Eric Rasmussen-Bonne and published by Verlag Recht und Wirtschaft. This book was released on 2005 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:

40 Years of Research on Rent Seeking 2

Author : Roger D. Congleton
Publisher : Springer Science & Business Media
ISBN 13 : 9783540791850
Total Pages : 834 pages
Book Rating : 4.7/5 (918 download)

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Book Synopsis 40 Years of Research on Rent Seeking 2 by : Roger D. Congleton

Download or read book 40 Years of Research on Rent Seeking 2 written by Roger D. Congleton and published by Springer Science & Business Media. This book was released on 2008-08-01 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last survey of the rent-seeking literature took place more than a decade ago. Since that time a great deal of new research has been published in a wide variety of journals, covering a wide variety of topics. The scope of that research is such that very few researchers will be familiar with more than a small part of contemporary research, and very few libraries will be able to provide access to the full breadth of that research. This two-volume collection provides an extensive overview of 40 years of rent-seeking research. The volumes include the foundational papers, many of which have not been in print for two decades. They include recent game-theoretic analyses of rent-seeking contests and also appUcations of the rent-seeking concepts and methodology to economic regulation, international trade policy, economic history, poUtical com petition, and other social phenomena. The new collection is more than twice as large as any previous collection and both updates and extends the earUer surveys. Volume I contains previously pubhshed research on the theory of rent-seeking contests, which is an important strand of contemporary game theory. Volume II contains previously published research that uses the theory of rent-seeking to an alyze a broad range of public policy and social science topics. The editors spent more than a year assembling possible papers and, although the selections fill two large volumes, many more papers could have been included.

University of Chicago Law Review: Volume 81, Number 3 - Summer 2014

Author : University of Chicago Law Review
Publisher : Quid Pro Books
ISBN 13 : 161027850X
Total Pages : 545 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Volume 81, Number 3 - Summer 2014 by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Volume 81, Number 3 - Summer 2014 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-09-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

Handbook of Law and Economics

Author : A. Mitchell Polinsky
Publisher : Elsevier
ISBN 13 : 0080554245
Total Pages : 887 pages
Book Rating : 4.0/5 (85 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 2007-11-07 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.

Lawsuit Abuse Reduction Act

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Lawsuit Abuse Reduction Act by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Lawsuit Abuse Reduction Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2011 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Origins and the Efficiency Dilemma

Author : Nuno Garoupa
Publisher : Routledge
ISBN 13 : 1315311194
Total Pages : 230 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis Legal Origins and the Efficiency Dilemma by : Nuno Garoupa

Download or read book Legal Origins and the Efficiency Dilemma written by Nuno Garoupa and published by Routledge. This book was released on 2016-12-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

The New Palgrave Dictionary of Economics and the Law

Author : NA NA
Publisher : Springer
ISBN 13 : 1349741736
Total Pages : 696 pages
Book Rating : 4.3/5 (497 download)

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Book Synopsis The New Palgrave Dictionary of Economics and the Law by : NA NA

Download or read book The New Palgrave Dictionary of Economics and the Law written by NA NA and published by Springer. This book was released on 2016-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal of economics is about law - the functioning of markets, property rights and their enforcement, financial obligations, and so forth - yet these legal aspects are almost never addressed in the academic study of economics. Conversely, the study and practice of law entails a significant understanding of economics, yet the drafting and administration of laws often ignore economic principle. The New Palgrave Dictionary of Economics and the Law is uniquely placed by the quality, breadth and depth of its coverage to address this need for building bridges. Drawn from the ranks of academics, professional lawyers, and economists in eight countries, the 340 contributors include world experts in their fields. Among them are Nobel laureates in economics and eminent legal scholars. First published in 1998 and now available in paperback for the first time, The New Palgrave Dictionary of Economics and the Law has established itself as a classic reference work in this important field.

Handbook of Public Economics

Author : Martin Feldstein
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.

The Journal of Legal Studies

Author :
Publisher :
ISBN 13 :
Total Pages : 852 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis The Journal of Legal Studies by :

Download or read book The Journal of Legal Studies written by and published by . This book was released on 1998 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lawyers at Work

Author : Herbert M. Kritzer
Publisher : Quid Pro Books
ISBN 13 : 1610272978
Total Pages : 393 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Lawyers at Work by : Herbert M. Kritzer

Download or read book Lawyers at Work written by Herbert M. Kritzer and published by Quid Pro Books. This book was released on 2015-03-11 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insurance defense practice. This book is for scholars and practitioners interested in understanding the work of lawyers in day-to-day litigation-like settings—and those concerned about what the future might hold for the structure of the legal profession and the nature of legal practice. “Lawyers at Work is a masterful collection, by one of the leading and award winning empirical researchers on legal institutions and the legal profession today, on the ‘black box’ of law practice. Spanning decades of research, Professor Kritzer presents data and findings on how lawyers bill, develop relationships with clients and opponents, manage scientific expertise, negotiate, and conduct their everyday work in a wide variety of case types. He explores and exposes the differences in both theories and data about the legal profession from virtually every major study there is on what lawyers actually do. If anyone wants to know about the real practices of lawyers in the past and present, and with important projections about the future, this is a must read. We can speculate about what lawyers really do, but Kritzer has the actual ‘facts.’” — Carrie Menkel-Meadow, Chancellor’s Professor of Law and Political Science, University of California, Irvine, and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Georgetown University Law Center “Through wide-ranging field research over 35 years Kritzer has done more than anyone to document the craft of lawyers at work. This extraordinary compilation finds the whole in a professional lifetime of research, cementing Kritzer’s reputation as pioneer and master of empirical legal research.” — Tom Baker, William Maul Measey Professor of Law and Health Sciences, University of Pennsylvania Law School “Bert Kritzer has long been recognized as one of the most astute scholarly commentators on the U.S. legal profession. This collection of papers allows readers to see his body of work as a whole, and to appreciate the unique combination of quantitative and qualitative skills on which it rests. It is essential reading for anyone who wants to cut through the myths that pervade debates about policy and practice in civil justice.” — Robert Dingwall, Nottingham Trent University, UK

Georgia Journal of International & Comparative Law

Author :
Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis Georgia Journal of International & Comparative Law by :

Download or read book Georgia Journal of International & Comparative Law written by and published by . This book was released on 2012 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bargaining Under Incomplete Information and the Design of Legal Rules

Author : Eric Leonard Talley
Publisher :
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Bargaining Under Incomplete Information and the Design of Legal Rules by : Eric Leonard Talley

Download or read book Bargaining Under Incomplete Information and the Design of Legal Rules written by Eric Leonard Talley and published by . This book was released on 1999 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

NBER Reporter

Author : National Bureau of Economic Research
Publisher :
ISBN 13 :
Total Pages : 498 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis NBER Reporter by : National Bureau of Economic Research

Download or read book NBER Reporter written by National Bureau of Economic Research and published by . This book was released on 1994 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Myth of the Nullifying Jury

Author : Nancy S. Marder
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Myth of the Nullifying Jury by : Nancy S. Marder

Download or read book The Myth of the Nullifying Jury written by Nancy S. Marder and published by . This book was released on 1998 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Michigan Law Review

Author :
Publisher :
ISBN 13 :
Total Pages : 602 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Michigan Law Review by :

Download or read book Michigan Law Review written by and published by . This book was released on 1995 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Insignificant and Inconsequential Hysteresis

Author : David C. Parsley
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Insignificant and Inconsequential Hysteresis by : David C. Parsley

Download or read book Insignificant and Inconsequential Hysteresis written by David C. Parsley and published by . This book was released on 1994 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper casts doubt on the validity of the hysteresis hypothesis as an explanation of the persistent U.S. trade deficits in the 1980s. We propose two tests to investigate two different implications of the hypothesis. The first implication is that cumulative changes in exchange rates, in addition to current exchange rate levels, are important determinants of trade flows. The second implication is that foreign exporting firms' perceptions of exchange rate volatility will affect their decisions to enter or exit the market. We find little support for either aspect of the hysteresis hypothesis.