Asking the right question can be as important as giving the right answer. In her book Judging Civil Justice, Dame Hazel Genn forcefully argues that the right question about the civil justice system is not “how much justice we can afford” but “how much justice can we afford to forego.”...

La versión española de este artículo se puede encontrar en: "http://ssrn.com/abstract=2302829" http://ssrn.com/abstract=2302829.International commercial arbitration is often praised for its high degree of procedural autonomy, which allows parties to tailor the procedures to suit the dispute...

The English version of this document can be found at: 'http://ssrn.com/abstract=930439' http://ssrn.com/abstract=930439La versione italiana di questo articolo può essere trovata in: 'http://ssrn.com/abstract=951889' http://ssrn.com/abstract=951889A versão em português deste artigo pode ser...

American society does not require civil litigants to bear the actual cost of using the court; those costs are borne almost entirely by the taxpayer (i.e., the “civil judicial subsidy”). In this Article I ask: is that right? Or is there a more desirable way to apportion court usage costs...

In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law- contracts, torts, and property- and research on the effects of the litigation process. We begin with a review of studies of...

In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law- contracts, torts, and property- and research on the effects of the litigation process. We begin with a review of studies of...

This essay will explore the effect of developments in class action law and practice upon remedial law, and investigate the state of health of the compensation principle. The compensation principle requires that plaintiffs should as nearly as possible be awarded a sum of money that will place...