The hallmark of Judge Posner's class action decisions is rigorous review to ensure that aggregate litigation serves the best interests of class members and does not unduly pressure defendants to settle. Although he championed class actions, especially as a way to provide efficient justice in...

This article analyzes public and private law enforcement when the government is motivated by rent seeking. A rent-seeking government seeks primarily to maximize revenue. The article concludes as follows: (1) if offenders have sufficient wealth, a rent-seeking government is more aggressive than a...

Schweizer (2017) provides a powerful and general way of using compensation payments to induce efficient actions. Its application to takings under fiscal illusion, however, is problematic. A better model would assume that the government decides to take property by considering effects on the...

Recent empirical work shows that countries whose legal systems are based on English common law differ systematically from those whose legal systems are based on French civil law. Glaeser and Shleifer (2002) trace this divergence to England's adoption of the jury system and France's adoption of...