Abstract

http://ssrn.com/abstract=1095564
 
 

Citations



 


 



Information, Litigation, and Common Law Evolution


Keith N. Hylton


William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law

2006

American Law and Economics Review, Vol. 8, Issue 1, pp. 33-61, 2006

Abstract:     
It is common in the legal academy to describe judicial decision trends leading to new common law rules as resulting from conscious judicial effort. Evolutionary models of litigation, in contrast, treat common law as resulting from pressure applied by litigants. One apparent difficulty in the theory of litigation is explaining how trends in judicial decisions favoring one litigant, and biasing the legal standard, could occur. This article presents a model in which an apparent bias in the legal standard can occur in the absence of any effort toward this end on the part of judges. Trends can develop favoring the better-informed litigant whose case is also meritorious. Although the model does not suggest an unambiguous trend toward efficient legal rules, it does show how private information from litigants becomes embodied in common law, an important part of the theory of efficient legal rules.

Accepted Paper Series


Not Available For Download

Date posted: February 29, 2008  

Suggested Citation

Hylton, Keith N., Information, Litigation, and Common Law Evolution ( 2006). American Law and Economics Review, Vol. 8, Issue 1, pp. 33-61, 2006. Available at SSRN: http://ssrn.com/abstract=1095564 or http://dx.doi.org/10.1093/aler/ahj001

Contact Information

Keith N. Hylton (Contact Author)
William Fairfield Warren Distinguished Professor, Boston University ( email )
595 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
Professor of Law, Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 287

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.187 seconds