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 …

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 …

will normally be in the interests of the parties that their dispute be consolidated in the one adjudication, and if they … are party to an arbitration agreement their ex facie preference will be for a one-stop adjudication by way of arbitration …

investment treaty arbitration does not support fair and independent adjudication of the boundaries of sovereign authority and of …

Nationwide injunctions — injunctions extending beyond the immediate parties to litigation and beyond the geographic …

in litigation or arbitration. The outside entity — called a “third-party funder” — could be a bank, hedge fund, insurance …