Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen
Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen
Kong-Pin Chen
This article theoretically compares the British and American fee-shifting rules in their influences on the behavior of the litigants and the outcomes of litigation. We build up a comprehensive litigation model with asymmetric information and agency costs, which makes it possible to make comparison on a broad arrays of issues in a single unified framework. We then solve for the equilibria under both American and British rules, and thereby compare their equilibrium settlement amounts and rates, expenditures incurred in trials, as well as the plaintiff’s chances of winning and incentive to sue. The theoretical results are broadly consistent with existing …
Progressive Lawyering In Politically Depressing Times, Susan D. Carle
Progressive Lawyering In Politically Depressing Times, Susan D. Carle
Susan D. Carle