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The American IllnessEssays on the Rule of Law$
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F. H. Buckley

Print publication date: 2013

Print ISBN-13: 9780300175219

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300175219.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 27 September 2021

Does Increased Litigation Increase Justice in a Second-Best World?

Does Increased Litigation Increase Justice in a Second-Best World?

(p.211) Does Increased Litigation Increase Justice in a Second-Best World?
The American Illness

Jeremy Kidd

Todd J. Zywicki

Yale University Press

This chapter discusses the theory of the second best, which urges caution in deciding questions of increased access to the courts. It presents the reasons why procedural rules that increase litigation levels are undesirable. The chapter also discusses the external costs of excessive litigation, lawyer advertising and third-party financing of lawsuits.

Keywords:   second best, procedural rules, litigation levels, litigation, lawyer advertising, third-party financing, lawsuits

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