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Full-Text Articles in Law
Where's The Beef? Mad Cows And The Blight Of The Sps Agreement, Ryan D. Thomas
Where's The Beef? Mad Cows And The Blight Of The Sps Agreement, Ryan D. Thomas
Vanderbilt Journal of Transnational Law
This Note will first outline the SPS Agreement itself--specifically, Part II attempts to present the relevant articles in a manner providing the necessary background for understanding the WTO dispute panel and Appellate Body decisions. Next, Part III discuss and critique, the dispute panel and Appellate Body decisions, specifically, noting the shortcomings of these decisions in the context of the SPS Agreement and its utility as a precedent of international dispute resolution in the area of international regulation of drugs and feedstuffs. Next, I will addresses the likely effect of these decisions upon a possible WTO resolution of the SRM dispute …
Better Settle Than Sorry: The Regret Aversion Theory Of Litigation Behavior, Chris Guthrie
Better Settle Than Sorry: The Regret Aversion Theory Of Litigation Behavior, Chris Guthrie
Vanderbilt Law School Faculty Publications
Legal scholars have developed two dominant theories of litigation behavior: the Economic Theory of Suit and Settlement,which is based on expected utility theory, and the Framing Theory of Litigation, which is based on prospect theory. While Professor Guthrie acknowledges the explanatory power of these theories, he argues that they are flawed because they portray litigants solely as calculating creatures. These theories disregard any role emotion might play in litigation decision making. Guthrie proposes a mplementary theory-the Regret Aversion Theory of Litigation Behavior-that views litigants as both calculating and emotional creatures. With roots in economics, cognitive psychology, and social psychology, the …