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

THE AMERICAN ILLNESS, Frank Buckley, ed., Yale University Press (2012).

George Mason Law & Economics Research Paper No. 11-09

17 Pages Posted: 17 Feb 2011 Last revised: 21 May 2016

Jeremy Kidd

Mercer University - Walter F. George School of Law

Todd J. Zywicki

George Mason University - Antonin Scalia Law School, Faculty; PERC - Property and Environment Research Center

Date Written: February 15, 2011

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.

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

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 (2012).; George Mason Law & Economics Research Paper No. 11-09. Available at SSRN: https://ssrn.com/abstract=1762160

Jeremy Kidd

Mercer University - Walter F. George School of Law ( email )

1021 Georgia Ave
Macon, GA 31207-0001
United States

Todd J. Zywicki (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8091 (Phone)
703-993-8088 (Fax)

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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