Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity — called a “third-party funder” — could be a bank, hedge fund, insurance company, or some other entity or individual that...

The metaverse is the emerging cyberspace realm were people and entities (and various forms of algorithms and artificial intelligence) will interact, engage in games, sports, and entertainment, buy and sell “real world” and “in the metaverse” goods and services, and otherwise get into...

The market for tort-claiming services is not price competitive. Indicators of an uncompetitive market include uniform pricing unjustified by considerations of efficiency or reduction in agency costs, price inelasticity in the face of highly variable production costs and rewards, the level of...

The authors provide a unique perspective on how the Court of Final Appeal has operated from 1997 to 2010. The study tracks the rising caseload in the Court, considers the statistical profile of the new system of judges and notes the greater attention being paid by the final court to public law cases

This Article uses public choice theory and the new institutionalism to discuss the incentives, proclivities, and shared backgrounds of lawyers and judges. In America every law-making judge has a single unifying characteristic, each is a former lawyer. This shared background has powerful and...

Class counsel and prosecutors have a lot more in common than scholars realize. These lawyers have clients, but their clients are diffuse and lack a formal decisionmaking structure. Because of the nature of their clients, class counsel and prosecutors have to make decisions for their clients that...

Drawing on the political theory of judicial decision making, our paper proposes a new and parsimonious ex ante litigation risk measure: federal judge ideology. We find that judge ideology complements existing measures of litigation risk based on industry membership and firm characteristics....

We seek to contribute to an understanding of how judicial elections affect the incentives and decisions of judges. We develop a theoretical model suggesting that judges who are concerned about their reputation would tend to "decide against their prior" as they approach elections. That is, judges...

Who gets to determine rights and justice? Which mechanism of judicial selection and accountability is optimal? There is no easy answer. If judges are independent experts, nominated and evaluated by their peers, they will be immune from the pressures of electoral rent-seeking, but unaccountable...