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Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
Michigan Law Review
The next generation of government officials, business leaders, and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law's interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Steams …
Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith
Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith
Michigan Law Review
This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …
Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr.
Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr.
Michigan Law Review
In this thesis I begin by examining the causes of the crisis as expounded in the current economic literature. This examination has led me to the conclusion that regulatory practice and policy has suffered from not being sufficiently economic in its orientation. If this point is correct, there remains an important subsidiary question: "What role, if any, should be played by the lawyer?"