Forum by Coin Flip: A Random Allocation Model for Jurisdictional Overlap

44 Pages Posted: 18 Apr 2014

See all articles by Ori Aronson

Ori Aronson

Bar-Ilan University - Faculty of Law

Date Written: April 17, 2014

Abstract

This Article offers a novel solution to forum shopping. Instead of the established regime, which accords the one of the parties to the litigation substantial power over the choice of forum, the Article suggests a new model for allocating cases among courts with overlapping jurisdiction — the Random Allocation Model. It argues that randomized case allocation would constrain strategic behavior at the initial stage of the proceedings, thereby saving wasteful costs and promoting greater distributive fairness among parties. Furthermore, randomization of case allocation would ensure a consistent pluralist quality to judicial output, by guaranteeing that multiple, diverse courts receive comparable cases and produce, over time, different responses to similar questions. Such structural pluralism would also enhance the epistemic value of judicial output, as instructive comparisons between the institutional behaviors of different forums become available. Although randomness is often thought to undermine the rational ideal of rule of law systems, the legal system in fact already resorts to random decision mechanisms in important circumstances. Randomized case allocation can thus be accommodated within an existing institutional framework, while facilitating the realization of the redeeming potential of diffuse court systems.

Keywords: forum shopping, jurisdiction, randomization

Suggested Citation

Aronson, Ori, Forum by Coin Flip: A Random Allocation Model for Jurisdictional Overlap (April 17, 2014). Seton Hall Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2426134

Ori Aronson (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat-Gan, 5290002
Israel

HOME PAGE: http://law.biu.ac.il/en/node/558

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