Download or read book A Law and Economics Approach to Litigation Costs written by Russell Hasan and published by Independently Published. This book was released on 2020-04-26 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper answers the fundamental question of how much a lawsuit should cost. It does this by applying a new interpretation of Coase Theorem and Law and Economics. It applies that new theory by focusing on an area which has emerged as the source of the most expensive costs in complex federal litigation: Electronic Discovery. This paper is a must-read for every lawyer whose practice involves litigation and for every client seeking to understand his legal costs and their justification in relation to what benefits he is buying by paying those costs. As a reaction to the exploding costs of e-discovery, the 2015 amendment to Federal Rule of Civil Procedure 26 gives Judges more power to rein in costs, by making it explicit that e-discovery which fails the proportionality test is outside the scope of discoverable information. The proportionality doctrine of Rule 26 is so named because it asserts that the amount of money you spend on electronic discovery should be in proportion to the needs of the underlying case and should not exceed such an amount. Unfortunately, Judges after 2015 face a problem: the proportionality test articulated in Rule 26 is very vague and difficult to apply. In a test for a proportion, one might expect two quantitatively defined items and a correct ratio between them, which the test as written lacks and provides no clues for. Instead, proportionality motions in today's law practice are mere crybaby motions, where a litigant whines and complains about how expensive his costs are, hoping the Judge will take pity, with no rhyme or reason as to whether that cost is proportionate. This paper seeks to solve that problem and help Judges by articulating the details of a proportionality test, one grounded in the rich tradition of the Law and Economics jurisprudence in a theoretically rigorous derivation. In summary, the drafters of the 2015 amended Federal Rules want federal Judges to use the proportionality doctrine, but Judges are hesitant to do so absent a clear bright line test for how to apply it, and this paper solves that problem. A mathematical formula for the amount of money that should be spent on e-discovery for any given lawsuit is defined, and, in the process of solving the problem posed by the proportionality doctrine, the paper gets at the basic issue of why and how to ascertain the justifiable amount of money to spend on legal fees.
Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Introduction to Law and Economics written by A. Mitchell Polinsky and published by Aspen Publishing. This book was released on 2018-07-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished by brevity, lucid writing, and well-chosen examples, An Introduction to Law and Economics, now in its Fifth Edition, focuses on a set of core topics that include property, contracts, torts, criminal law, and litigation. Avoiding specialized jargon and mathematics, Polinsky teaches students how to think like an economist and understand legal issues from an economic perspective. New to the Fifth Edition: A streamlining of the products liability chapter A revised discussion of the redistributive effects of legal rules to reflect more recent scholarship on this topic The addition of several other refinements in the text and in new footnotes An updated bibliography Professors and students will benefit from: Solid coverage of relevant economic principles A normative approach that illustrates how to assess legal rules and policies in terms of economic and social goals Clear explanations of concepts
Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Principles of Law and Economics written by Antony W. Dnes and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new and significantly updated edition of a standard text for the field of Law and Economics. Taking a straightforward approach and written in an accessible manner without reliance on mathematical modelling, it is aimed at Law and Economics students in law schools as well as economics departments. New to this edition is new and substantially increased coverage of more contemporary fields of vision in the Law and Economics paradigm, such as Intellectual Property, Family Law, and Behavioural Economics. With an array of exercises and questions throughout the book, and extensive references to further reading, this text reflects the way Law and Economics is taught in a contemporary context.
Download or read book Civil Procedure written by Robert G. Bone and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Costs and Cautionary Tales written by Anthony Ogus and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an overview of how economic analysis can enrich an understanding of law and can provide standards for its critical evaluation. It eschews a dogmatic approach, acknowledging that non-economic goals play an important part in the law. It is not a conventional textbook in the sense that it does not deal systematically with different areas of law. Rather each chapter is built on a particular theme or set of themes, with examples drawn from across legal categories. These themes include: law and wealth creation; the structure of the law; implicit pricing and behavioural incentives; risk allocation and risk management; corrective justice; wrongdoing and welfare maximisation; protecting the disadvantaged; lawyers and their influence on the law; and the role of economics in legal policy-making and decision-making. The approach is discursive and anecdotal, as well as analytical. It reflects the ideas and convictions of the author who has been working in the field of law-and-economics for 30 years.
Download or read book Costs and Cautionary Tales written by Anthony I Ogus and published by Bloomsbury Publishing. This book was released on 2006-04-05 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an overview of how economic analysis can enrich an understanding of law and can provide standards for its critical evaluation. It eschews a dogmatic approach, acknowledging that non-economic goals play an important part in the law. It is directed primarily at lawyers and law students, particularly those who hitherto have been sceptical of the uses and value of law and economics. It is not a conventional textbook in the sense that it does not deal systematically with different areas of law. Rather each chapter is built on a particular theme or set of themes, with examples drawn from across legal categories. The approach is discursive, anecdotal and analytical, reflecting the ideas and convictions developed during the author's 30 years working in the field of law and economics. Winner of the Hart SLSA Book Prize 2007 for an outstanding piece of socio-legal scholarship.
Download or read book Foundations of the Economic Approach to Law written by Avery Wiener Katz and published by Oxford University Press, USA. This book was released on 1998 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This annotated reader surveys articles in the field of law and economics. The selections focus on economics' distinctive contributions as a way of thinking, discussing problems of incentive, strategic behaviour, risk and insurance, imperfect information and bounded rationality.
Download or read book The Economic Approach to Law Second Edition written by and published by Stanford University Press. This book was released on 2009 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed specifically for economics students, The Economic Approach to Law, 2nd Edition, provides an introductory treatment of law and economics, revealing how economic principles explain the structure of the law, and how they can help make the law more efficient. To that end, the author focuses on unifying themes in the field--rather than exhaustively covering legal topics--and thus provides a more analytical treatment of the subject. The second edition includes current research into the economics of common law areas, such as torts, contracts, and property law. The revised text also offers a new chapter that explores how economics can be applied to anti-trust law, as well as added material on intellectual property. This edition features an expanded suite of exercises and problems at the end of each chapter to encourage students to "do" law and economics. A companion web site offers a full suite of resources for students and professors. Key pedagogical features include cases; discussion points that provide additional analysis of topics in the book; graduate notes, which deepen the text for more advanced readers; and relevant Web links. Professors have access to sample syllabi for undergraduate and graduate courses and to an instructor's manual providing suggested answers to all of the end-of-chapter questions/problems in the book.
Download or read book Litigation Costs Funding and Behaviour written by Willem H. van Boom and published by Taylor & Francis. This book was released on 2016-12-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Download or read book The Economic Approach to Law written by Paul Burrows and published by . This book was released on 1981 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Economics written by Eric A. Posner and published by Routledge. This book was released on 2001 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is divided into two parts. The first contains more traditional law and economics articles, covering a range of conventional legal topics. This part, it is hoped, will give the novice a flavour of the state of the field and the traditional methods of analysis. The second part attempts to introduce new methodological techniques and subject-matter concerns to law and economics.
Download or read book Law and Economics written by Aristides N. Hatzis and published by Routledge. This book was released on 2015-02-11 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.
Download or read book Theoretical Foundations of Law and Economics written by Mark D. White and published by Cambridge University Press. This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book-length examination of the methodology and philosophy of law and economics.
Download or read book The Economics of Law written by Antony W. Dnes and published by Chapman & Hall. This book was released on 1996 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the interface between law and economics. It is aimed at students either of law or economics, or modular degree students, who are taking a course dealing with the economic implication of law. The approach is clear and concise and assumes no previous knowledge of the subject. It incorporates case studies alongside the main text, plus exercises and discussion questions at the end of each chapter. The book is based around the English legal system and draws comparisons with the US, Canadian, Scottish and European systems and includes European law, particularly where this affects the UK.
Download or read book Economics in Legal Reasoning written by Péter Cserne and published by Springer Nature. This book was released on 2020-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.
