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Chapter 25. Economic Analysis of Law
Kaplow, Louis; Shavell, Steven - In: Handbook of public economics : volume 3, (pp. 1661-1784). 2002
This is a survey of economic analysis of law, that is, of the emerging field under which the standard tools of microeconomics are employed to identify the effects of legal rules and their social desirability. Five basic subject areas are covered. The first is legal liability for harm. Here we...
Persistent link: https://www.econbiz.de/10014024839
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Is investor-state dispute settlement (ISDS) superior to litigation before domestic courts? : an EU view on bilateral trade agreements
Bronckers, Marco C. E. J. - In: Journal of international economic law 18 (2015) 3, pp. 655-677
Persistent link: https://www.econbiz.de/10011398226
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Is Investor-State Dispute Settlement (ISDS) Superior to Litigation Before Domestic Courts? An EU View on Bilateral Trade Agreements
Bronckers, Marco - 2015
The mechanism of Investor-State Dispute Settlement (ISDS) allows private foreign investors to challenge government measures before an ad hoc international arbitral tribunal. ISDS has been in existence for a long time. Yet recently this mechanism has proven very controversial, notably in the...
Persistent link: https://www.econbiz.de/10013015517
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Public Policy in Enforcement of Foreign Arbitral Awards in the Supreme People’s Court of China
He, Qisheng - 2019
's Constitution; corruption or bribery in arbitration and the res judicata principle; mandatory rules that constitute parts of China …
Persistent link: https://www.econbiz.de/10012870714
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Investor-state dispute settlement and national courts : current framework and reform options
Kaufmann-Kohler, Gabrielle; Potestà, Michele - 2020
agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign …
Persistent link: https://www.econbiz.de/10013473073
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Optimal design of private litigation
Kaplow, Louis - 2017
This article translates and extends Becker (1968) from public law enforcement to private litigation by examining optimal legal system design in a model with private suits, signals of case strength, court error, and two types of primary behavior: harmful acts that may be deterred and benign acts...
Persistent link: https://www.econbiz.de/10011772058
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A note on optimal public enforcement with settlements and litigation costs
Polinsky, Alan Mitchell; Rubinfeld, Daniel L. - 1986
Persistent link: https://www.econbiz.de/10000716194
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The End of Shareholder Litigation? Allowing Shareholders to Customize Enforcement through Arbitration Provisions in Charters and Bylaws
Weitzel, Paul D. - 2014
approach. I propose allowing shareholders to enforce charter and bylaw provisions that require arbitration of certain disputes …. For example, an acquisitive company may require arbitration of merger-related suits, while allowing non-merger suits to … four standard deviations before the suit could be brought in court, rather than arbitration. Because enforcement would be …
Persistent link: https://www.econbiz.de/10013067099
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Enforcing Settlements in Federal Civil Actions
Parness, Jeffrey A. - 2008
Settlements of federal civil actions may, but need not, be subject to later judicial enforcement. As recognized by the U.S. Supreme Court in Kokkonen v. Guardian Life Insurance Co., one significant limitation on enforcement proceedings is subject matter jurisdiciton because federal district...
Persistent link: https://www.econbiz.de/10012771436
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A Note on Optimal Public Enforcement with Settlements and Litigation Costs
Polinsky, A. Mitchell; Rubinfeld, Daniel L. - 2021
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is prosecuted at trial, and when an out-of-court settlement is possible. Using a numerical example, it is shown that settlements and litigation costs can substantially alter the...
Persistent link: https://www.econbiz.de/10013233764