Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today – waiver, subrogation, and settlement agreements. The existing arrangements provide valuable lessons for the...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

This paper sets out a public choice (rent-seeking) theory of the Due Process Clause, which implies that the function of the clause is to prevent takings through the legislative or common law process. This view of the clause's function supports a preference for expanding rather than contracting...

This Essay argues that bankruptcy proceedings are well-suited to resolving mass tort claims. Mass tort cases create a collective action problem that encourages claimants who are worried about available recoveries to race to the courthouse to collect ahead of others. This race can destroy going...

Law and economy are firmly connected. Adding to that the economic life has an effect on the judicial thinking. So, rules of law should characterized the care of existed economic attitude in the state in a way that law seems to be a mirror in which the existed economic attitudes in most branches...

US sport is unlike most of contemporary world sport. The demarcation between professional and amateur sport, on which the National Collegiate Athletic Association (NCAA) is built, is expressed by both major revenue producing sports at the highest level (Division I football and men’s...

The contributions of Foster (2005) and Halgreen (2004) are the latest in a series of debates, discussions, conferences, and academic scholarship on the subject of United States (US) and (or versus) European Union (EU) sport policy. In the context of international relations and foreign policy,...

This article is part of a broader research stream investigating policy and regulatory frameworks impacting International Prospective Student-Athletes (IPSAs) and their transition to the U.S. combining education and athletics. Elsewhere analyzed are the problems faced by IPSAs in particular...

This paper summarises a research stream dealing with the US system of amateur intercollegiate sport and its relation to International Prospective Student-Athletes (IPSAs). Crucial differences exist between the US ‘clear demarcation’ of commercial pro sport and amateurism as applied by...