Litigation, Judicial Path-Dependence, and Legal Change

24 Pages Posted: 9 Nov 2004

See all articles by Vincy Fon

Vincy Fon

George Washington University - Department of Economics

Francesco Parisi

University of Minnesota - Law School; University of Bologna; University of Miami, School of Law

Ben Depoorter

UC Law, San Francisco; Stanford Law School Center for Internet & Society; Ugent - CASLE

Abstract

In this paper we consider the role that litigation and case selection play in the process of legal change. We examine the effect of judicial path dependence on the consolidation of liability rules and legal remedies, paying special attention to litigation between parties with different stakes. In the presence of asymmetric stakes, judicial path dependence may lead to consolidation or contraction of legal rules. We study the consequence of private litigation decisions on the contraction or consolidation of legal rules under various litigation and judicial environments. We also consider the relevance of the degree of asymmetry in the litigation stakes, the existence and nature of positive litigation costs, and the weight of past precedents on the ongoing process of legal evolution.

JEL Classification: K0, K40, K13, K41

Suggested Citation

Fon, Vincy and Parisi, Francesco and Depoorter, Ben, Litigation, Judicial Path-Dependence, and Legal Change. European Journal of Law and Economics, Vol. 20, No. 1, July 2005, George Mason Law & Economics Research Paper No. 02-26, Available at SSRN: https://ssrn.com/abstract=339460

Vincy Fon (Contact Author)

George Washington University - Department of Economics ( email )

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Francesco Parisi

University of Minnesota - Law School ( email )

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Minneapolis, MN 55455
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University of Bologna ( email )

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40126 Bologna, fc 47100
Italy

University of Miami, School of Law ( email )

Ben Depoorter

UC Law, San Francisco ( email )

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San Francisco, CA 94102
United States

Stanford Law School Center for Internet & Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Ugent - CASLE ( email )

Universiteitstraat 4
Belgium

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