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This chapter advances a simple thesis that runs counter to much public-law scholarship. Holding all else constant, the … easier, or cheaper, such rulings are to obtain, the less durable the resulting precedent. Most public-law scholarship … durable status. The analysis holds important implications for several notable bodies of law, including the historical status …
Persistent link: https://www.econbiz.de/10013034971
Economic analysis of law is an important field of study for the courts. This is because court decisions affect the use … analysis by the courts. The article first discusses the scope for economics in judicial decisions in different areas of law. It … then presents a number of examples of cases in contract, tort and constitutional and administrative law where empirical …
Persistent link: https://www.econbiz.de/10013035585
research establishes that the common law of negligence has been evolving toward the imposition of greater personal … substantial level of protection for public authority defendants at common law, challenging the assumptions that underpinned the … corroborates previous work of Australian tort law scholars and contradicts the claims made by policymakers at the start of the 21st …
Persistent link: https://www.econbiz.de/10013040142
During the 2015-16 term the Court continued its recent, robust interest in class action litigation, granting review in four class action appeals. This article analyzes the Court's decisions in Tyson Foods, Inc. v. Bouaphakeo, Campbell-Ewald Co. v. Gomez, DIRECTV, Inc. v. Imbrugia, and Spokeo v....
Persistent link: https://www.econbiz.de/10012982087
The present paper urges the reader to overcome these barriers to scholarly appreciation, to cast to the side any preliminary skepticism toward election-by-lot as a reasonable allocation mechanism, and to take seriously for the moment, the claim that election-by-lot might be usefully employed in...
Persistent link: https://www.econbiz.de/10012985612
This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their...
Persistent link: https://www.econbiz.de/10012988343
We provide a simple framework in which the level of adversarial bias is endogenously determined in a litigation process. Using this model, we study the effect of using a court-appointed expert on the level of adversarial bias and the average error rates, and find an interesting trade-off:...
Persistent link: https://www.econbiz.de/10012912049
I examine the effect of shareholder litigation rights on the governance of firms. My empirical strategy exploits the staggered adoption of universal demand (UD) laws, which restrict lawsuits alleging a breach of fiduciary duty by directors or officers. UD is associated with an increase in the...
Persistent link: https://www.econbiz.de/10012904605