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 …

litigation choices during divorce as emotional, even irrational, actors. This assumption requires different responses when …

Entrepreneurial litigation is litigation in which the plaintiff's attorney functions as a risk-taking entrepreneur …, financing, organizing, managing, and settling the litigation on behalf of numerous clients (who generally hold “negative value … with respect to legal fees. Yet, despite these obstacles, entrepreneurial litigation appears now to be coming to both …

determine the litigation strategies of present and future parties in conflict; and 4) the parties in conflict can contract … partially correct an inefficient frequency of litigation; 3) there always exists a distribution of the litigation expenses … of shareholders' litigation: adding ambiguity to the law or using public prosecutors such as the N.Y.A.G.'s office or …