The Economics Of Courts And Litigation

Author : Francisco Cabrillo,Sean Fitzpatrick
Publisher : Edward Elgar Publishing
Page : 283 pages
File Size : 47,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848442740

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The Economics of Courts and Litigation by Francisco Cabrillo,Sean Fitzpatrick Pdf

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.

Author : Robert G. Bone
Publisher : Unknown
Page : 350 pages
File Size : 54,7 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063289107

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Civil Procedure by Robert G. Bone Pdf

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.

Author : Bruno Deffains,Thierry Kirat
Publisher : Routledge
Page : 254 pages
File Size : 46,6 Mb
Release : 2003-07-17
Category : Business & Economics
ISBN : 9781135697075

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Law and Economics in Civil Law Countries by Bruno Deffains,Thierry Kirat Pdf

The aim of the book is to highlight the law and economics issues confronting civil law countries.

Author : Daniel P. Kessler
Publisher : University of Chicago Press
Page : 344 pages
File Size : 50,7 Mb
Release : 2011-02
Category : Business & Economics
ISBN : 9780226432182

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Regulation Versus Litigation by Daniel P. Kessler Pdf

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.

Author : Nicholas Mercuro
Publisher : Springer Science & Business Media
Page : 268 pages
File Size : 46,7 Mb
Release : 2012-12-06
Category : Business & Economics
ISBN : 9789400910799

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Law and Economics by Nicholas Mercuro Pdf

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.

Author : Péter Cserne,Fabrizio Esposito
Publisher : Springer Nature
Page : 157 pages
File Size : 42,8 Mb
Release : 2020-06-30
Category : Law
ISBN : 9783030401689

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Economics in Legal Reasoning by Péter Cserne,Fabrizio Esposito Pdf

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.

Author : Tai-Yeong Chung
Publisher : London, Ont. : Department of Economics, University of Western Ontario
Page : 34 pages
File Size : 44,6 Mb
Release : 1994
Category : Actions and defenses
ISBN : 0771417136

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Settlement of Litigation Under Rule 68 by Tai-Yeong Chung Pdf

Author : Charles Platto,International Bar Association
Publisher : Kluwer Law International B.V.
Page : 454 pages
File Size : 41,9 Mb
Release : 1999-07-28
Category : Law
ISBN : 9789041110954

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Economic Consequences of Litigation Worldwide by Charles Platto,International Bar Association Pdf

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.

Author : Francesco Parisi,Vincy Fon
Publisher : Oxford University Press
Page : 346 pages
File Size : 50,7 Mb
Release : 2009
Category : Law
ISBN : 9780195374155

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The Economics of Lawmaking by Francesco Parisi,Vincy Fon Pdf

"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.

Author : Hector Fix-Fierro
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 40,6 Mb
Release : 2004-01-06
Category : Law
ISBN : 9781847310552

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Courts, Justice, and Efficiency by Hector Fix-Fierro Pdf

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.

Author : Lars Werin
Publisher : World Scientific Publishing Company
Page : 432 pages
File Size : 47,8 Mb
Release : 2003-04-25
Category : Business & Economics
ISBN : 9789813106123

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Economic Behavior and Legal Institutions by Lars Werin Pdf

Markets would not function unless supported by a legal framework. That framework is no self-contained, exogenous structure; it has evolved in response to the demands of economic activity. There are laws made to modify or supplement market behavior, in an attempt to produce the desired outcomes. Such laws are often called forth by political ambitions to change the distribution of wealth, channeled through the political process. Thus economic life and law are strongly interrelated. There is neither a pure economic system unaffected by law, nor a legal system possible to understand without regard for its interplay with economic behavior. Still, such a compartmentalization has dominated the perspectives of both economics and legal studies. This invaluable book presents a unified picture of the full economic-legal system, based on results within the novel fields of “new institutional economics” and “law and economics”. It is carefully argued, and written in a non-technical style, albeit with no attempts to avoid “deep” theory. It is primarily aimed at students of economics just beyond their introductory course and students of law in the middle or towards the end of their studies. It can also be of great use to both economists on a more advanced level and lawyers, looking for a thought-provoking survey of an exciting new sphere of ideas.

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 45,9 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789067048170

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author : G. Peter Fraser
Publisher : Unknown
Page : 834 pages
File Size : 50,7 Mb
Release : 2020
Category : Actions and defenses
ISBN : 0433506008

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The Conduct of Civil Litigation in British Columbia by G. Peter Fraser Pdf

Author : Steven Shavell,STEVEN AUTOR SHAVELL
Publisher : Harvard University Press
Page : 760 pages
File Size : 50,6 Mb
Release : 2004-03-15
Category : Business & Economics
ISBN : 9780674011557

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Foundations of Economic Analysis of Law by Steven Shavell,STEVEN AUTOR SHAVELL Pdf

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.

Author : Clifford Winston,David Burk,Jia Yan
Publisher : Brookings Institution Press
Page : 253 pages
File Size : 51,8 Mb
Release : 2021-03-02
Category : Business & Economics
ISBN : 9780815739128

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Trouble at the Bar by Clifford Winston,David Burk,Jia Yan Pdf

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.