The Economics Of Courts And Litigation
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The Economics Of Courts And Litigation
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Author : Francisco Cabrillo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
The Economics Of Courts And Litigation written by Francisco Cabrillo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
Dissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law tradition, but offer analysis of issues not normally found in the North-American literature, such as the Latin notary and the selection and values of judges in civil law systems. They further propose an ample list of considerations for a reform agenda. Offering a comprehensive look at the incentives facing many key players in the administration of justice, this book should be of great interest to law and economics scholars, civil law professors, legal reformers, international development institutions and law students mindful of the need to improve the functioning of courts.
Law And Economics In Civil Law Countries
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Author : Bruno Deffains
language : en
Publisher: Routledge
Release Date : 2003-07-17
Law And Economics In Civil Law Countries written by Bruno Deffains and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-17 with Business & Economics categories.
The aim of the book is to highlight the law and economics issues confronting civil law countries.
Civil Procedure
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Author : Robert G. Bone
language : en
Publisher:
Release Date : 2003
Civil Procedure written by Robert G. Bone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Civil procedure categories.
This law school casebook is organized around a set of policy puzzles and problems. It is especially important for students of civil procedure to understand the economics central to such procedure. It discusses how to predict the severity of frivolous litigation, and why some suits fail to settle and go to trial. Discovery, preclusion law, and attorney's fees are included in the economic analysis of litigation.
Courts Justice And Efficiency
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Author : Hector Fix-Fierro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-01-06
Courts Justice And Efficiency written by Hector Fix-Fierro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-06 with Law categories.
This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
Regulation Versus Litigation
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Author : Daniel P. Kessler
language : en
Publisher: University of Chicago Press
Release Date : 2011-02
Regulation Versus Litigation written by Daniel P. Kessler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02 with Business & Economics categories.
The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Economic Consequences Of Litigation Worldwide
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Author : Charles Platto
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1999-07-28
Economic Consequences Of Litigation Worldwide written by Charles Platto and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-07-28 with Law categories.
In 1992, The Section on Business Law of the International Bar Association established a Task Force on Economic Consequences of Litigation Worldwide to study and report on the different civil and commercial court systems throughout the world. The purpose of the Task Force was to evaluate the problems of civil litigation and propose solutions on a global scale, based on a comparative analysis of different jurisdictions, with a particular focus on commercial litigation and the economic consequences of litigation to worldwide business. The Task Force included representatives from Asia Pacific, Canada, Europe, United Kingdom and the United States. The project was divided into three stages: Fundamentals of Commercial Litigation, Problems and Consequences, and Solutions and Proposals for Change. Economic Consequences of Litigation Worldwide is the result of six years of intensive study and effort. It includes chapters on Asia Pacific (Australia, Hong Kong, Japan, New Zealand, Singapore), Canada, Europe (Denmark, France, Germany, Holland, Italy, Norway, Portugal, Spain, Sweden, Switzerland), the United Kingdom and the United States. The book provides a practical study of the various court systems throughout the world and problems and consequences of commercial litigation, along with a thoughtful analysis of proposed solutions.
Foundations Of Economic Analysis Of Law
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Author : Steven Shavell
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Foundations Of Economic Analysis Of Law written by Steven Shavell and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Law categories.
What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
The Economics Of Lawmaking
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Author : Francesco Parisi
language : en
Publisher: Oxford University Press
Release Date : 2009
The Economics Of Lawmaking written by Francesco Parisi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
"The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Francesco Parisi and Vincy Fon explore the process of legal rule production while considering issues of institutional design from a law and economics point of view." "The authors provide a comprehensive overview of the four fundamental sources of law: legislation, judge-made law. customary law, and international law. The defining features of these four sources are then dissected and closely examined using economic analysts and public choice theory. Each part includes an introduction into the lawmaking process for each source, and goes on to discuss such other issues as the optimal specificity of law in legislation to the theories of legal precedent, and to changes in customary lawmaking."--BOOK JACKET.
Big Data Analytics In U S Courts
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Author : Dwight Steward
language : en
Publisher: Springer Nature
Release Date : 2019-11-14
Big Data Analytics In U S Courts written by Dwight Steward and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-14 with Law categories.
This Palgrave Pivot identifies the key legal, economic, and policy issues surrounding the allowance to use and interpret electronic data consistently and in a scientifically valid manner in U.S. courts. Evidence based on the analysis of large amounts of electronic data ("Big Data") plays an increasing role in civil court disputes, providing information that could not have been obtained from a witness stand. While Big Data evidence presents opportunities, it also presents legal and public policy challenges and concerns. How can one be sure that deviations found in Big Data fall outside the norm? If statistical analyses can be conducted and presented different ways, how can judges and juries make sense of conflicting interpretations? When does Big Data extraction stop being investigative and instead become an invasion of privacy? This book traces the history of Big Data use in U.S. courts, couples current case studies with legal challenges to explore key controversies, and suggests how courts can change the way they handle Big Data to ensure that findings are statistically significant and scientifically sound.
Economic Behavior And Legal Institutions
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Author : Lars Werin
language : en
Publisher: World Scientific Publishing Company
Release Date : 2003-04-25
Economic Behavior And Legal Institutions written by Lars Werin and has been published by World Scientific Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-25 with Business & Economics categories.
Markets would not function unless supported by a legal framework. That framework is no self-contained, exogenous structure; it has evolved in response to the demands of economic activity. There are laws made to modify or supplement market behavior, in an attempt to produce the desired outcomes. Such laws are often called forth by political ambitions to change the distribution of wealth, channeled through the political process. Thus economic life and law are strongly interrelated. There is neither a pure economic system unaffected by law, nor a legal system possible to understand without regard for its interplay with economic behavior. Still, such a compartmentalization has dominated the perspectives of both economics and legal studies. This invaluable book presents a unified picture of the full economic-legal system, based on results within the novel fields of “new institutional economics” and “law and economics”. It is carefully argued, and written in a non-technical style, albeit with no attempts to avoid “deep” theory. It is primarily aimed at students of economics just beyond their introductory course and students of law in the middle or towards the end of their studies. It can also be of great use to both economists on a more advanced level and lawyers, looking for a thought-provoking survey of an exciting new sphere of ideas.