The economic analysis of evidence law is relatively less developed than other areas of the law and economics literature, notwithstanding this subject's close relationship to other well-developed areas, most notably the economic analysis of procedural rules. This chapter first will develop some...

The economic analysis of civil litigation has focused on the action of the litigants and on the effects of substantive and procedural rules on their behavior. This chapter focuses on the economic analysis of procedural rules and how these rules alter the incentives of the litigants to file,...

The economic analysis of civil procedure can be enriched by a more thorough consideration of the productive functions of civil adjudication. The previous literature has recognized that civil adjudication does have products – conventionally described as dispute resolution services, plus...

My objective in this course is to provide a general introduction to the method and content of the economic analysis of law, as it has been developed in the English-language literature, with emphasis on the contributions of those who are associated with what I believe will be known to history as...

Corporate crime presents an unusual case of American legal exceptionalism. In terms of substantive legal doctrine, it is neither recent nor completely exceptional: the practice of holding corporate entities criminally liable goes back at least 150 years, in both the United States and other...

I write to urge the Members of the House and the Senate to enact legislation postponing the effectiveness of pending amendments to the Federal Rules of Civil Procedure. Without intervening Congressional action, these amendments will take effect on December 1 of this year pursuant to 28 U.S.C....

In this paper we report on our experimental findings concerning the differences in decisional treatment between adversarial and inquisitorial systems where the proceedings fail to achieve explicit revelation of decisive facts. In particular, we use our data both: (1) to test the interesting...