Abstract

http://ssrn.com/abstract=1566974
 


 



Evidence Law as a System of Incentives


John Leubsdorf


Rutgers Law School Newark

March 8, 2010

Iowa Law Review, Vol. 95, No. 5, 2010
Rutgers School of Law-Newark Research Papers No. 065

Abstract:     
Evidence law is usually considered ex post, from the standpoint of a judge deciding whether to admit evidence offered by a party. This article examines the law ex ante, considering how it affects the behavior of parties contemplating or conducting litigation. Seen from this perspective, the rules of Evidence give rise to a variety of incentives and disincentives. After discussing the more familiar of these, notably those arising from the adversary system, the article explores many unfamiliar incentives and disincentives affecting the creation, preservation and presentation of evidence. In conclusion, it considers some objections to viewing Evidence law as a system of incentives.

Number of Pages in PDF File: 50

Accepted Paper Series





Download This Paper

Date posted: March 8, 2010  

Suggested Citation

Leubsdorf, John, Evidence Law as a System of Incentives (March 8, 2010). Iowa Law Review, Vol. 95, No. 5, 2010; Rutgers School of Law-Newark Research Papers No. 065. Available at SSRN: http://ssrn.com/abstract=1566974

Contact Information

John Leubsdorf (Contact Author)
Rutgers Law School Newark ( email )
123 Washington Street
Newark, NJ 07102
United States
973 353-5273 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 482
Downloads: 93
Download Rank: 171,191

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.219 seconds