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Full-Text Articles in Law
A Market For Justice: A First Empirical Look At Third Party Litigation Funding, David S. Abrams, Daniel L. Chen
A Market For Justice: A First Empirical Look At Third Party Litigation Funding, David S. Abrams, Daniel L. Chen
All Faculty Scholarship
The alienability of legal claims holds the promise of increasing access to justice and fostering development of the law. While much theoretical work points to this possibility, no empirical work has investigated the claims, largely due to the rarity of trading in legal claims in modern systems of law. In this paper we take the first step toward empirically testing some of these theoretical claims using data from Australia. We find some evidence that third-party funding corresponds to an increase in litigation and court caseloads. Cases with third-party funders are more prominent than comparable ones. While third-party funding may have …
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
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Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.
Book Review, Mark J. Loewenstein