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This paper aims to investigate whether (inEurope) the Favoring Plaintifffee-shifting Rule can be an alternative to legal aid for assisting wealth-constrained Plaintiffs in pursuing cases, that would otherwise be dropped. According to the Favoring Plaintiff fee-shifting Rule, in litigation a...
Persistent link: https://www.econbiz.de/10013022019
Litigation finance refers to investments in litigation by a third person not originally a party to the suit. Whether the country should embrace this new practice has sparked debate among the bar, on the Hill, in the press, and between scholars. We disagree with the premise of this debate;...
Persistent link: https://www.econbiz.de/10012865270
informational value because the damages awards overstate the intraportfolio harm. Our theory thus provides lawmakers with a …
Persistent link: https://www.econbiz.de/10014185555
This article analyzes how legal presumptions can mediate between costly litigation and ex ante incentives. We augment a moral hazard model with a redistributional litigation game in which a presumption parameterizes how a court 'weighs' evidence offered by the opposing sides. Strong prodefendant...
Persistent link: https://www.econbiz.de/10014171673
remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial … decisions involving application of federal or state arbitration statutes to processes that are to one degree or another … different from quot;classicquot; arbitration, or to the interface between arbitration and earlier stages in multi-step dispute …
Persistent link: https://www.econbiz.de/10012755345
How should legal disputes be allocated between litigation and arbitration? Given strong incentives for many actors to … arbitrate everything, the question turns fundamentally on the scope of arbitration under the applicable law. In "Re …-Inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public …
Persistent link: https://www.econbiz.de/10012920583
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286
and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any … disputes be resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds … Texas court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing …
Persistent link: https://www.econbiz.de/10013052272
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