Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Settlement (2)
- Addiction (1)
- Aggregate risk (1)
- Alternatives to incarceration (1)
- Children (1)
-
- Cities (1)
- Class actions (1)
- Class certification (1)
- Constant absolute risk aversion (1)
- Contingent settlement contracts (1)
- Default (1)
- Duration (1)
- Efficiency (1)
- Environmental protection (1)
- Federal Rules of Civil Procedure (1)
- Federal action (1)
- Federal courts (1)
- Indian tribes (1)
- Indivisibility (1)
- Injunctions (1)
- Lawsuits (1)
- Litigation (1)
- Litigation costs (1)
- Litigation spending (1)
- Massachusetts v. EPA (1)
- Mediation (1)
- Native Americans (1)
- Negotiation (1)
- Nongovernmental organizations (1)
- ODR (1)
- Publication
Articles 1 - 5 of 5
Full-Text Articles in Law
Contracting On Litigation, Kathryn E. Spier, J.J. Prescott
Contracting On Litigation, Kathryn E. Spier, J.J. Prescott
Articles
Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending trial. Through contingent contracts, the litigants can mitigate risk and/or speculate on the trial outcome. Contingent contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the services provided by third-party investors, including litigation funders and insurance companies. The litigants (weakly) prefer to contract with risk-neutral third parties when the capital market is transaction-cost free. However, contracting with third parties further decreases the settlement rate, increases the costs of litigation, and may increase the aggregate cost of risk bearing.
Tribes, Cities, And Children: Emerging Voices In Environmental Litigation, Nina A. Mendelson
Tribes, Cities, And Children: Emerging Voices In Environmental Litigation, Nina A. Mendelson
Articles
an environmental nongovernmental organization ("NGO") on behalf of a neighbor or hiker.1 The NGO would allege that the individual faced health risks, that her property was contaminated, or that she could no longer hike, fish, swim, or view wildlife such as the endangered Nile crocodile, as in the well-known case of Lujan v. Defenders of Wildlife.
Platform Procedure: Using Technology To Facilitate (Efficient) Civil Settlement., J.J. Prescott, Alexander Sanchez
Platform Procedure: Using Technology To Facilitate (Efficient) Civil Settlement., J.J. Prescott, Alexander Sanchez
Book Chapters
In this chapter, we explore the ability of courts to enhance the role of substantive law in case outcomes by reducing party litigation costs. When it becomes less costly for parties to engage actively in dispute resolution, the shadow of substantive law should, in theory, become more pronounced and case outcomes should change (and hopefully become more accurate/efficient on average). To empirically investigate this hypothesis, we examine the consequences of a large state court’s implementation of court-assisted online dispute resolution (ODR) tools for its small claims docket. A central goal of this technology is to reduce litigation costs of all …
Class Actions, Indivisibility, And Rule 23(B)(2), Maureen Carroll
Class Actions, Indivisibility, And Rule 23(B)(2), Maureen Carroll
Articles
The federal class-action rule contains a provision, Rule 23(b)(2), that authorizes class-wide injunctive or declaratory relief for class-wide wrongs. The procedural needs of civil rights litigation motivated the adoption of the provision in 1966, and in the intervening years, it has played an important role in managing efforts to bring about systemic change. At the same time, courts have sometimes struggled to articulate what plaintiffs must show in order to invoke Rule 23(b)(2). A few years ago, the Supreme Court weighed in, stating that the key to this type of class action is the “indivisible” nature of the remedy the …
Prosecutors And Voters Are Becoming Smart On Crime, Barbara L. Mcquade
Prosecutors And Voters Are Becoming Smart On Crime, Barbara L. Mcquade
Articles
How to explain the recent trend of electing reform-minded local prosecutors? It may be that voters are seeing through tough talk to embrace smarter strategies to reduce crime.