Mandatory prosecution is inefficient according to legal economists. We argue that when prosecutors are fairly insulated from their performance or are highly risk-averse mandatory prosecution is better than selective prosecution. This result has important implications for comparative law. We use...

In a series of influential papers, Ribstein (2010, 2011) delivered his vision about the future of the market of legal services, including legal education and the structure of law firms. In this paper, I review current trends at the global level and discuss the extent to which globalization of...

In this paper we consider the potential effects that the application of a loser-pays-all rule may have on criminal litigation, including the decision to prosecute, criminal deterrence and legal error. We find that the effects of fee shifting on deterrence and on miscarriage of justice go in...