Handbook of Common Law Pleading

Two Models of Pleading

This paper develops two game-theoretic models of litigation, pleading, and settlement. The first model explores the timing of settlement and the strategic use of pleading by plaintiffs with negative-expectedvalue claims in a full-information environment. The second model explores the timing of settlement and strategic use of pleading in an environment with private information held either by pla...

Western Philosophies of Law: the Common Law

Introduction to: Research Handbook on Economic Models of Law

This introductory chapter provides an overview of the contents of the volume titled Research Handbook on Economic Models of Law, forthcoming (Edward Elgar).

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Pleading the defence of therapeutic privilege.