Download this Paper Open PDF in Browser

The Effects of Liberalization on Litigation: Notes Toward a Theory in the Context of Japan

Wash. U Global Studies Law Review, Vol. 8, Issue 2, 2009

14 Pages Posted: 27 Aug 2014  

Tom Ginsburg

University of Chicago Law School

Glenn P. Hoetker

University of Illinois at Urbana-Champaign - Department of Business Administration

Date Written: 2009

Abstract

This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court; (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes; (3) liberalization reduces the government’s ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using panel data, we find a small but significant effect of foreign firms on litigation.

Suggested Citation

Ginsburg, Tom and Hoetker, Glenn P., The Effects of Liberalization on Litigation: Notes Toward a Theory in the Context of Japan (2009). Wash. U Global Studies Law Review, Vol. 8, Issue 2, 2009. Available at SSRN: https://ssrn.com/abstract=2487212

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Glenn Patrick Hoetker

University of Illinois at Urbana-Champaign - Department of Business Administration ( email )

1206 South Sixth Street
Champaign, IL 61820
United States
217-265-4081 (Phone)

HOME PAGE: http://www.business.uiuc.edu/ghoetker

Paper statistics

Downloads
10
Abstract Views
124