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Common law efficiency when joinder and class actions fail as aggregation devices

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Listed:
  • Frank Fagan

    (EDHEC Business School)

  • Urmee Khan

    (University of California)

Abstract

We develop a litigant-based model of rule selection where parties choose to litigate rules that are efficient between two parties, but inefficient as between a potential class or potentially joined litigants and a counter-party. Collective action problems lead to incomplete party formation, which generates continuous litigation of seemingly efficient rules. By accounting for externalities borne by non-parties, we show that rules which are allocatively efficient across both parties and non-parties are evolutionary stable for any given judicial ideology or judicial preference for prestige, thus preserving the explanatory power of the Efficiency of Common Law Hypothesis.

Suggested Citation

  • Frank Fagan & Urmee Khan, 2019. "Common law efficiency when joinder and class actions fail as aggregation devices," European Journal of Law and Economics, Springer, vol. 47(1), pages 1-14, February.
    • Handle: RePEc:kap:ejlwec:v:47:y:2019:i:1:d:10.1007_s10657-018-9604-9
    DOI: 10.1007/s10657-018-9604-9
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    References listed on IDEAS

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    1. Marta Cenini & Barbara Luppi & Francesco Parisi, 2011. "Incentive effects of class actions and punitive damages under alternative procedural regimes," European Journal of Law and Economics, Springer, vol. 32(2), pages 229-240, October.
    2. Parisi, Francesco (ed.), 2017. "The Oxford Handbook of Law and Economics: Volume 3: Public Law and Legal Institutions," OUP Catalogue, Oxford University Press, number 9780199684250.
    3. Alessandro Melcarne, 2017. "Lee Epstein, William M. Landes and Richard A. Posner: The behavior of federal judges: a theoretical and empirical study of rational choice," European Journal of Law and Economics, Springer, vol. 43(3), pages 559-561, June.
    4. Anthony Niblett & Richard A. Posner & Andrei Shleifer, 2010. "The Evolution of a Legal Rule," The Journal of Legal Studies, University of Chicago Press, vol. 39(2), pages 325-358.
    5. Alberto Cassone & Giovanni Ramello, 2011. "The simple economics of class action: private provision of club and public goods," European Journal of Law and Economics, Springer, vol. 32(2), pages 205-224, October.
    6. Paul H. Rubin (ed.), 2007. "The Evolution of Efficient Common Law," Books, Edward Elgar Publishing, number 3885.
    7. Diana Richards, 2017. "Lee Epstein, William M. Landes, Richard A. Posner: The behavior of federal judges: a theoretical and empirical study of rational choice," European Journal of Law and Economics, Springer, vol. 43(3), pages 555-558, June.
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