Hurry Up and Wait: Negative Statutes of Limitation in the Government Tort Liability Setting

Abstract:     
Negative statutes of limitation - which require a plaintiff to wait until a defendant considers the plaintiff's claims before plaintiff can sue in court - should be viewed as process rules, which do not bar a plaintiff from filing a court action while a defendant dithers.

Number of Pages in PDF File: 37

Keywords: public choice, process rules, power rules, negative statutes of limitation, subject matter jurisdiction

JEL Classification: D61, D62, D63, D72, D73, D74, D78, D81, D82, D92, H10, H30, H72, H82, K11, K40, K41, P16, R51

Accepted Paper Series