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Aligning the interests of lawyers and clients
Polinsky, Alan Mitchell; Rubinfeld, Daniel L. - In: American law and economics review : the journal of the … 5 (2003) 1, pp. 165-188
Persistent link: https://www.econbiz.de/10001764953
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Aligning the Interests of Lawyers and Clients
Polinsky, A. Mitchell; Rubinfeld, Daniel L. - 2003
The potential conflict of interest between lawyers and clients is well known. If a lawyer is paid for his time regardless of the outcome of the case, the lawyer may wish to bring the case even when it is not in the best interest of the client, may spend more hours working on the case than the...
Persistent link: https://www.econbiz.de/10014126096
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Judges, Lawyers, and a Predictive Theory of Legal Complexity
Barton, Benjamin H. - 2008
This Article uses public choice theory and the new institutionalism to discuss the incentives, proclivities, and shared …
Persistent link: https://www.econbiz.de/10012724263
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Utility Maximizing Judges and Judicial Assistants : Testing Rational Choice Theory in 22 EU Countries
Mascini, Peter; Deyneli, Fatih - 2021
) for 22 EU countries, this study tests four hypotheses that have been derived from rational choice theory at individual and …
Persistent link: https://www.econbiz.de/10013241233
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Judging Multidistrict Litigation
Burch, Elizabeth Chamblee - 2015
Persistent link: https://www.econbiz.de/10013033578
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Do judges hate speculators?
Hornuf, Lars; Klöhn, Lars - 2018 - This version: November 18, 2018
Historically, people have often expressed negative feelings toward speculators, a sentiment that might have even been reinforced since the latest financial crisis, during which taxpayer money was warranted or spent to bail out reckless investors. In this paper, we conjecture that judges may also...
Persistent link: https://www.econbiz.de/10011936293
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Measuring Maximizing Judges : Empirical Legal Studies, Public Choice Theory, and Judicial Behavior
Shepherd, Joanna - 2012
In this brief Article, I explore the growing empirical evidence in support of the public choice model of judicial decision making. Although legal scholars have traditionally been reluctant to engage in a critical inquiry into the role of judicial self-interest on judicial behavior, recent...
Persistent link: https://www.econbiz.de/10014178620
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Strategic Plaintiffs and Ideological Judges in Telecommunications Litigation
de Figueiredo, John M. - 2014
This paper examines the effect of judicial ideology on the selection and outcome of telecommunications regulatory cases. Using a dataset on Federal Communications Commission orders and trials from 1990 to 1995, this paper shows that changes in the make-up of the bench of the D.C. Circuit Court...
Persistent link: https://www.econbiz.de/10014066006
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Legal Origins, Civil Procedure, and the Quality of Contract Enforcement
Spamann, Holger - 2010
paper further finds that by a subjective measure, contract enforceability in common law countries is higher than in French …
Persistent link: https://www.econbiz.de/10013151399
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An Information-Production Theory of Contract Law
Shapira, Roy; Jacob, Assaf; Kaplan, Yotam - 2023
Contract law affects behavior not just directly, by ordering damages, but also indirectly, by providing information on … business with the disputants going forward. Contract law thus affects behavior by shaping reputations and facilitating market … discipline. This Article examines contract law’s liability standards, defenses, and remedies doctrines from an information …
Persistent link: https://www.econbiz.de/10014345304