The American Illness: Essays on the Rule of Law
The American Illness: Essays on the Rule of Law
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Abstract
This book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country's long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law in such areas as corruption, business regulation, and federalism. It explains how the U.S. legal system works differently to those in most countries, with contradictory and hard-to-understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth.
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Front Matter
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Part 1: Introduction
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Part 2: Relative Decline
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Part 3: Empirical Evidence
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Are Americans More Litigious? Some Quantitative Evidence
J. Mark Ramseyer andEric B. Rasmusen
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Lawyers as Spam: Congressional Capture Explains Why U.S. Lawyers Exceed the Optimum
Stephen P. Magee
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Regulation and Litigation: Complements or Substitutes?
Eric Helland andJonathan Klick
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Does Product Liability Law Make Us Safer?
W. Kip Viscusi
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Are Americans More Litigious? Some Quantitative Evidence
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Part 4: Civil Procedure
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The American Illness and Comparative Civil Procedure
Daniel Jutras
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The Proportionality Principle and the Amount In Controversy
Peter B. Rutledge
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The Allocation of Discovery Costs and the Foundations of Modern Procedure
Martin H. Redish
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Does Increased Litigation Increase Justice in a Second-Best World?
Jeremy Kidd andTodd J. Zywicki
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The American Illness and Comparative Civil Procedure
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Part 5: Tort Law
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Part 6: Contract Law
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An English Lawyer Looks at American Contract Law
Michael Bridge
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Text versus Context: The Failure of the Unitary Law of Contract Interpretation
Robert E. Scott
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Exit and the American Illness
Erin O'Hara O'Connor andLarry E. Ribstein
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The Dramatic Rise of Consumer Protection Law
Joshua D. Wright andEric Helland
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An English Lawyer Looks at American Contract Law
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Part 7: Corporate and Securities Law
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Part 8: Criminal Law
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Part 9: How Nations Grow (or Don't)
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Part 10: Changing Course
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End Matter
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