The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...

Terrorism has emerged as a major threat to the contemporary society. Nation States are reliant on their counter-terrorism laws for checking terrorism and deterring terrorists. To understand the effectiveness of these counter terrorism laws, it is important to first understand the behaviour of...

Contrary to the Islamic laws considered as social standard governing the behavior of the Muslims, the facts relative to most of the Muslim countries show that the detention of a conventional bank account considered as illicit because it is generative of the rate of interest and savings is more...

State involvement in the economy and society in general was and is still a fundamental problem, being approached by the all schools of economic thought. Its role was perceived differently from one historical stage to another and from one country to another, always constituting itself in a matter...

This paper aims to analyze theories developed both in favor and against privacy protection according to current practices in the West. In the paper, we will examine economic justifications for privacy protection as defined by American economists and jurists, as well as the advantages to be...

The so-called English Rule in § 91 ZPO has a longstanding tradition in German civil litigation. Although this “loser pays”- fee shifting can raise severe problems like sharply reducing access to the courts for parties of moderate means, the adaption of alternative cost regimes like the...

This paper used individual level data in Japan to explore how a complainant’s past trial experience influences their satisfaction and incentive to bring a future lawsuit. Controlling for kinds of incidents and a complainant’s individual characteristics, the major findings were; (1) there is a...

This paper used individual level data in Japan to explore how a complainant’s past trial experience influences their satisfaction and incentive to bring a future lawsuit. Controlling for kinds of incidents and a complainant’s individual characteristics, the major findings were; (1) there is a...

When several plaintiffs file individually a lawsuit against the same tortfeasor, the resolution of the various cases through repeated trials produces positive informational externalities, which benefit to the later plaintiffs (since there exist precedents, jurisprudence...). Thus, the first...

In this article, the authors review the relationship between the Commission, the national regulatory authorities (NRAs) and national courts in light of the Commission's proposals for reform as laid out in the 2006 Review. They focus upon the Article 7 and Article 4 procedures of Directive...