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We model the settlement of a legal dispute where the trial outcome depends on the behavior of a strategically motivated judge. We consider a standard asymmetric information model where the uninformed defendant makes a take it or leave it offer. If the case goes to trial, the judge decides how...
Persistent link: https://www.econbiz.de/10010500186
In recent years, federal courts have heard, without clear subject matter jurisdiction, contract disputes involving billions of dollars worth of securitized financial instruments (SFIs). These SFI disputes are litigated in federal court under the federal interpleader statute, which specifies that...
Persistent link: https://www.econbiz.de/10011448876
The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308
This Article addresses a range of problems arising from the failure of state courts to analyze the relationship among different forms of judge-made law governing lawyers. Ordinarily, state supreme courts promulgate disciplinary codes and local court rules governing lawyers practicing in their...
Persistent link: https://www.econbiz.de/10014211591
The history of environmental justice litigation in federal, state, and administrative courts illustrates how difficult it is to remedy intersectional harm using a single legal tool. In the United States, there is no federal “environmental justice law” that litigants can wield in court. The...
Persistent link: https://www.econbiz.de/10014346201
The assignment will be focusing on International court of justice acts that helped in development of international law directly or indirectly. International law itself is weak law because of heterogenic nature of state’s laws. Few of them overlap each other few of them don’t. International...
Persistent link: https://www.econbiz.de/10014356754
This paper extends the economic literature on settlement, and draws some practical insights on reverse settlements. The key contributions to the economic literature on settlements follow from the distinction drawn between standard settlements, in which the status quo is preserved, and injunctive...
Persistent link: https://www.econbiz.de/10012710766
The number of litigants in person (LiPs) is thought to be rising in New Zealand. This is of increasing concern to the judiciary, court staff, and lawyers who oppose LiPs in proceedings. This article focuses on why people decide to litigate in person. It reports the results of a qualitative study...
Persistent link: https://www.econbiz.de/10012894664
This paper considers the successful application for judicial review in Great Christchurch Buildings Trust v Church Property Trustees and the worrying effects of this decision upon New Zealand law. The paper concludes that, in holding that sufficient public interest will justify circumvention of...
Persistent link: https://www.econbiz.de/10012897317
This article, focusing on produce and grain, discusses the environmental and climate change impacts of food production, processing, packaging, and distribution, which ultimately contributes to both economic and social costs. The article addresses environmental energy costs in the food supply
Persistent link: https://www.econbiz.de/10012913700