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Full-Text Articles in Law
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Litigation Costs And The Economic Theory Of Tort Law, Keith N. Hylton
Litigation Costs And The Economic Theory Of Tort Law, Keith N. Hylton
Faculty Scholarship
The economic theory of tort law has developed along two lines. The first and more traditional is positive theory, which justifies tort doctrine. The second is normative theory, which usually criticizes the operational efficiency of the tort system, and is the focus of this Article. This Article argues that once the dynamics of litigation are properly taken into account, all bets are off on the economic efficiency of tort law. The simple fact that litigation is a costly enterprise provides a rich source of inefficiencies with which the tort system must grapple.
Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch
Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch
All Faculty Scholarship
No abstract provided.