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Litigation as Rent-Seeking

21 Pages Posted: 27 Feb 2013  

Francesco Parisi

University of Minnesota - Law School; University of Bologna

Barbara Luppi

Università degli studi di Modena e Reggio Emilia (UNIMORE) - Faculty of Business and Economics; University of St. Thomas School of Law

Date Written: February 25, 2013

Abstract

Litigation aims at resolving conflicts. In this chapter we survey the law and economics literature on litigation to illustrate the scope of application of rent-seeking models and their analytical power in the study of law and procedural issues of litigation, including applications in adversarial and inquisitorial procedures, fee-shifting, consolidation and bifurcation of trials and tort liability. We present a unified model of rent-seeking recasting the various perspectives in the literature, to illustrate the power of rent-seeking models in addressing different dimensions of substantive and procedural legal problems.

Keywords: Litigation expenditures, rent-seeking, fee-shifting, bifurcation, evidence and discovery

JEL Classification: B31, D72, K10, K12, K13, K41

Suggested Citation

Parisi, Francesco and Luppi, Barbara, Litigation as Rent-Seeking (February 25, 2013). U of St. Thomas Legal Studies Research Paper No. 13-07; Minnesota Legal Studies Research Paper No. 13-15. Available at SSRN: https://ssrn.com/abstract=2224179 or http://dx.doi.org/10.2139/ssrn.2224179

Francesco Parisi (Contact Author)

University of Minnesota - Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

University of Bologna ( email )

Piazza Scaravilli 1
40126 Bologna, fc 47100
Italy

Barbara Luppi

Università degli studi di Modena e Reggio Emilia (UNIMORE) - Faculty of Business and Economics ( email )

Viale Berengario 51
41100 Modena, Modena 41100
Italy

University of St. Thomas School of Law

2115 Summit Avenue
Saint Paul, MN 55105
United States

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