This paper explores the prisoner's dilemma that may result when workers and firms are involved in labour disputes and must decide whether to hire a lawyer to be represented at trial. Using a representative data set of labour disputes in the UK and a large population of French unfair dismissal...

This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self-serving bias, and studies the effects of damage caps. Our main findings are as follows. First, our results suggest that the defendant's bias decreases his expenditures on accident...

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it...

In tort litigation, delayed settlement or impasse imposes high costs on the parties and society. Litigation institutions might influence social welfare by affecting the likelihood of out-of-court settlement and the potential injurers' investment in product safety. An appropriate design of...

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...

Are more cases settled when judges are elected among the most belligerent trade unions? In the specific case of French employment courts, the answer is broadly negative. This article provides evidence of the minor role that judges have on alternative dispute resolution in and out of court....

The spread of the novel coronavirus SARS-CoV-2 (COVID-19) among meatpacking employees forced closures and slowdowns at many plants across the United States. As the meatpacking giants JBS, Smithfield, and Tyson became hotbeds for COVID-19, national meat production plummeted. To forestall further...

The traditional means by which workers asserted their collective rights was the union movement, but that has been in severe decline in the private sector. Class action lawsuits would appear to be the ideal modern substitute. There have been a few noteworthy successes for employees in the last...

This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23's safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs' lawyers...

As Bill Clinton’s campaign strategist James Carville famously phrased it back in 1992, the key issue for voters... “It’s the economy, stupid.”Something similar could be said for high value strategic cases in global commercial litigation, international arbitration and competition today,...