- Title Pages
- Dedication
- Acknowledgments
- The Rule of Law in America
- An Exceptional Nation?
- Are Americans More Litigious?
- Lawyers as Spam
- Regulation and Litigation
- Does Product Liability Law Make Us Safer?
- The American Illness and Comparative Civil Procedure
- The Proportionality Principle and the Amount In Controversy
- The Allocation of Discovery Costs and the Foundations of Modern Procedure
- Does Increased Litigation Increase Justice in a Second-Best World?
- A Tamer Tort Law
- The Expansion of Modern U.S. Tort Law and Its Excesses
- Regulation, Taxation, and Litigation
- An English Lawyer Looks at American Contract Law
- Text versus Context
- Exit and the American Illness
- The Dramatic Rise of Consumer Protection Law
- How American Corporate and Securities Law Drives Business Offshore
- Corporate Crime, Overcriminalization, and the Failure of American Public Morality
- The Legacy of Progressive Thought
- Overtaking
- The Rule of Law and China
- Reversing
- Contributors
- Index
Does Increased Litigation Increase Justice in a Second-Best World?
Does Increased Litigation Increase Justice in a Second-Best World?
- Chapter:
- (p.211) Does Increased Litigation Increase Justice in a Second-Best World?
- Source:
- The American Illness
- Author(s):
Jeremy Kidd
Todd J. Zywicki
- Publisher:
- 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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- Title Pages
- Dedication
- Acknowledgments
- The Rule of Law in America
- An Exceptional Nation?
- Are Americans More Litigious?
- Lawyers as Spam
- Regulation and Litigation
- Does Product Liability Law Make Us Safer?
- The American Illness and Comparative Civil Procedure
- The Proportionality Principle and the Amount In Controversy
- The Allocation of Discovery Costs and the Foundations of Modern Procedure
- Does Increased Litigation Increase Justice in a Second-Best World?
- A Tamer Tort Law
- The Expansion of Modern U.S. Tort Law and Its Excesses
- Regulation, Taxation, and Litigation
- An English Lawyer Looks at American Contract Law
- Text versus Context
- Exit and the American Illness
- The Dramatic Rise of Consumer Protection Law
- How American Corporate and Securities Law Drives Business Offshore
- Corporate Crime, Overcriminalization, and the Failure of American Public Morality
- The Legacy of Progressive Thought
- Overtaking
- The Rule of Law and China
- Reversing
- Contributors
- Index