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Full-Text Articles in Law

Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder Mar 2016

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 Oct 2014

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 Jan 2000

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.