Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages...

This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...

Brand appropriation litigation in Australia centres on one or more claims of trade mark infringement, breach of s18 of the Australian Consumer Law (formerly s52 of the Trade Practices Act), and commission of the tort of passing off. At the core of these actions is an allegation that the consumer...

On February 18, 2005, President Bush signed the Class Action Fairness Act of 2005 (CAFA), which had been passed by the 109th Congress. The stated purpose of the legislation was “[t]o amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for...

This Article synthesizes two decades of research on the progression of sexual harassment claims through the legal system and adds a new, original, empirical study on the resolution of sexual harassment lawsuits filed in federal district court. It examines the prevalence of sexual harassment in...

The hallmark of Judge Posner's class action decisions is rigorous review to ensure that aggregate litigation serves the best interests of class members and does not unduly pressure defendants to settle. Although he championed class actions, especially as a way to provide efficient justice in...

The article analyses the fundamental premises of the differentiation between substantive and procedural rules in private international law and arbitration. The author opens the paper with the general differentiation between substantive and procedural rules and the reasons for such...

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved and how the changing landscape has developed.This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal...