Abstract

http://ssrn.com/abstract=1762160
 


 



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


Jeremy Kidd


Walter F. George School of Law

Todd J. Zywicki


George Mason University School of Law; PERC - Property and Environment Research Center

February 15, 2011

THE AMERICAN ILLNESS, Frank Buckley, ed., Yale University Press, Forthcoming
George Mason Law & Economics Research Paper No. 11-09

Abstract:     
Taking as given the claims of tort reform proponents, that increased tort liability in the past few decades has had deleterious effects on American productivity, consumer safety, etc., we consider whether proposed measures to increase access to the courts are likely to be beneficial, with a specific focus on third-party financing and lawyer advertising. We conclude that our current system is a second-best system and, applying the theory of the second-best, we conclude that increasing access would magnify the negative effects of increased tort liability and legal complexity.

Number of Pages in PDF File: 17

Keywords: American Bar Association Code of Professional Responsibility, attorney, Bates v. State Bar of Arizona, Brickman, civil procedure, Coharis, exceptionalism, external costs, forum-shopping, Internet, Kobayashi, meritless, Posner, price competition, procedural, quantity, Ribstein, substantive, Tullock

JEL Classification: K00, K13, K41

Accepted Paper Series


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Date posted: February 17, 2011  

Suggested Citation

Kidd, Jeremy and Zywicki, Todd J., Does Increased Litigation Increase Justice in a Second-Best World? (February 15, 2011). THE AMERICAN ILLNESS, Frank Buckley, ed., Yale University Press, Forthcoming; George Mason Law & Economics Research Paper No. 11-09. Available at SSRN: http://ssrn.com/abstract=1762160

Contact Information

Jeremy Kidd
Walter F. George School of Law ( email )
1021 Georgia Ave
Macon, GA 31207-0001
United States
Todd J. Zywicki (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8091 (Phone)
703-993-8088 (Fax)

George Mason Law School Logo

PERC - Property and Environment Research Center
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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