and deters parties from settling disputes out of court. In contrast, the law is certain ex post: litigation fosters the … of a legal system (kept under control by litigation) and its litigation rate (sustained by uncertainty). We describe such … equilibrium rates in a model of tort litigation, study how they are affected by different policies, and compare the costs and …

We may sharpen our understanding of legislation by juxtaposing it with other types of legal act. John Gardner attempts … to differentiate legislation from legal rulings - an unusual juxtaposition in itself - and his claims about the … distinction, and in so doing seek to clarify what legislation is by what it is not …

confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in … diminishing the judicial legislation position, it would tend to serve to corroborate Dworkin’s rights thesis …

transactions. Serving as a case study is the Lehman/Perpetual Trustee litigation …