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Full-Text Articles in Law
Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder
Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder
Faculty Scholarship
In this Article we use game theory to argue that perceptions of widespread corruption in the judicial processes in developing countries create ex ante incentives to act corruptly. It is rational (though not moral) to preemptively act corruptly when litigating in the courts of many developing nations. The upshot of this analysis is to highlight that, contrary to judicial narratives in individual cases — such as the (in)famous Chevron–Ecuador dispute used herein as an illustration — the problem of corruption in transnational litigation is structural and as such calls for structural solutions. The article offers one such solution: the establishment …
Litigating Customary International Human Rights Norms, Beth Stephens
Litigating Customary International Human Rights Norms, Beth Stephens
Georgia Journal of International & Comparative Law
No abstract provided.
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler
University of Richmond Law Review
The phrase "opening the floodgates of litigation" connotes a pejorative meaning in American legal argument. Most often, it is used by courts as a reason not to allow a certain case to proceed for fear that it would overburden both courts and society with a new class of lawsuits.