The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by...

Under an offer of settlement' rule, a party to a lawsuit may make a special offer to settle with the other party, such that if the other party rejects this offer, then this offer (unlike an ordinary offer) becomes part of the record in the case and may affect the allocation of litigation costs....

Shareholder litigation risk, measured using the staggered adoption of universal demand (UD) laws in 23 states from 1989 to 2005, has a negative effect on stock returns. Using a difference-in-differences design, we find that, following the passage of the laws, firms have lower stock returns....

The existence of lawsuits providing plaintiffs a negative expected value (NEV) at trial has important theoretical implications for signaling models of litigation. The signaling equilibrium possible absent NEV suits breaks down with NEV suits because plaintiffs do not have a credible threat to...

Studies of modern misdemeanor adjudication find that courts set bail higher than is required to reasonably assure that nonviolent defendants who pose no immediate threat to the community will appear for trial. Some defendants languish in jail for extended periods during which time they lose...

Firms face a greater risk of lawsuits for overstated rather than understated earnings or net assets, suggesting conservatism can reduce firms’ expected legal costs. Because managers with legal expertise are more likely than other managers to recognize the legal benefits of conservatism, this...