Judicial decisionmaking and litigation expenditure

Judicial Decisionmaking and Litigation Expenditure

Recent years have borne witness to a striking increase in expenditures on legal services.’ Various critics of the U.S. legal system have accordingly argued that amounts currently spent on or in anticipation of disputes are socially excessive, and several writers have attempted to address the issue through economic analysis.’ Much of the economic literature has centered on the choice between lit...

Judicial decisionmaking in the age of biotechnology.

Aggregate litigation and regulatory innovation: Another view of judicial efficiency

In this article, we argue that aggregate litigation and the court system can not only restore the protection of victims and the production of deterrence, but also play a pivotal role in stimulating regulatory innovation. This is accomplished through a reward system that seems largely to mimic the institutional devices used in other domains, such as intellectual property rights, by defining a pr...

Judicial Expenditures and Litigation Access: Evidence from Auto Injuries

Despite claims of a judicial funding crisis, there exists little direct evidence linking judicial budgets to court utilization. Using data on thousands of auto injuries covering a 15-year period, we measure the relationship between state-level court expenditures and the propensity of injured parties to pursue litigation. Controlling for state and plaintiff characteristics and accounting for the...

Re-examining Mediator and Judicial Roles in Large, Complex Litigation: Lessons from Microsoft and Other Megacases

INTRODUCTION ............................................................................................. 1171 I. MICROSOFT ....................................................................................... 1179 II. ENRON/ANDERSEN ............................................................................ 1192 III. MASTERCARD/VISA ............................................................