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Articles 1 - 3 of 3

Full-Text Articles in Law

The World In Our Courts, Stephen B. Burbank May 1991

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 Jan 1991

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 Jan 1991

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

All Faculty Scholarship

No abstract provided.