This article translates and extends Becker (1968) from public law enforcement to private litigation by examining …

We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study … litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that …

Litigation finance refers to investments in litigation by a third person not originally a party to the suit. Whether … scholars. We disagree with the premise of this debate; litigation finance is not new at all. A review of legal history and our … modern legal system reveals that third-party litigation finance is widespread, not merely tolerated, and is foundational to …

litigation. Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps with the … assistance of some sort of contingent fee representation. Third-party financing of litigation was frowned upon, if not … specifically forbidden. But, now, third-party litigation funding entities have begun, with much more frequency and success, to …

now attract lawsuits in multiple fora. No existing mechanism can reliably coordinate shareholder litigation in different …-forum character of shareholder litigation can undermine its deterrent effect by aggravating the disjunction between settlement values … incorporation states of important cases.This Article proposes to fix multi-forum shareholder litigation by creating a clear and …

liability in such cases of “intraportfolio litigation.” Although corporae managers are typically rewarded for maximizing firm … better tool for diversified shareholders to use in motivating and evaluating managers. Not all intraportfolio litigation can …