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This paper selects amendments to the Federal Rules of Civil Procedure that bear promise for cutting the costs of civil litigation. It suggests how to teach students (and lawyers) to take advantage of the amendments to protect one's client from overly costly or abusive discovery. It also includes...
Persistent link: https://www.econbiz.de/10013015912
Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...
Persistent link: https://www.econbiz.de/10013314386
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The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...
Persistent link: https://www.econbiz.de/10014360286
This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...
Persistent link: https://www.econbiz.de/10014344204
Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...
Persistent link: https://www.econbiz.de/10014264232
This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...
Persistent link: https://www.econbiz.de/10013117592
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From 2010 through 2014, the Supreme Court issued thirteen class action decisions. With no new class action decisions on the immediate horizon, this article takes stock of what these decisions mean for federal class practice. These cases include some very good news for plaintiffs. Indeed, federal...
Persistent link: https://www.econbiz.de/10013028269
This article focuses on two ends of the civil justice spectrum. At one end are high-volume, low-value disputes confined to specific facts and legal issues unique to the disputing parties. Many of these disputes do not presently enter the traditional civil justice system. At the other end are...
Persistent link: https://www.econbiz.de/10014105442