The Bundling of Similar Interests in Litigation. The Incentives for Class Action and Legal Actions taken by Associations
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DOI: 10.1023/A:1018762504159
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- George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
- Lynk, William J, 1994. "The Courts and the Plaintiffs' Bar: Awarding the Attorney's Fee in Class-Action Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 185-209, January.
- Hughes, James W & Snyder, Edward A, 1995. "Litigation and Settlement under the English and American Rules: Theory and Evidence," Journal of Law and Economics, University of Chicago Press, vol. 38(1), pages 225-250, April.
- Goldberg, Victor P, 1991. "Recovery for Pure Economic Loss in Tort: Another Look at Robins Dry Dock v. Flint," The Journal of Legal Studies, University of Chicago Press, vol. 20(2), pages 249-275, June.
- George L. Priest, 1991. "The Modern Expansion of Tort Liability: Its Sources, Its Effects, and Its Reform," Journal of Economic Perspectives, American Economic Association, vol. 5(3), pages 31-50, Summer.
- Rosenberg, D. & Shavell, S., 1985. "A model in which suits are brought for their nuisance value," International Review of Law and Economics, Elsevier, vol. 5(1), pages 3-13, June.
- Bebchuk, Lucian Arye, 1988.
"Suing Solely to Extract a Settlement Offer,"
The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 437-450, June.
- Lucian Arye Bebchuk, 1987. "Suing Solely to Extract a Settlement Offer," NBER Working Papers 2161, National Bureau of Economic Research, Inc.
- George, Edward I & Wecker, William E, 1985. "Estimating Damages in a Class Action Litigation," Journal of Business & Economic Statistics, American Statistical Association, vol. 3(2), pages 132-139, April.
- Shavell, Steven, 1997. "The Fundamental Divergence between the Private and the Social Motive to Use the Legal System," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 575-612, June.
- Romano, Roberta, 1991. "The Shareholder Suit: Litigation without Foundation?," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 7(1), pages 55-87, Spring.
- Hartman, Raymond S & Doane, Michael J, 1987. "The Use of Hedonic Analysis for Certification and Damage Calculations in Class Action Complaints," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 3(2), pages 351-372, Fall.
- Williamson, Oliver E, 1981. "The Modern Corporation: Origins, Evolution, Attributes," Journal of Economic Literature, American Economic Association, vol. 19(4), pages 1537-1568, December.
- Priest, George L, 1997. "Procedural versus Substantive Controls of Mass Tort Class Actions," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 521-573, June.
- Posner, Richard A, 1970. "A Statistical Study of Antitrust Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 13(2), pages 365-419, October.
- Lynk, William J, 1990. "The Courts and the Market: An Economic Analysis of Contingent Fees in Class-Action Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 19(1), pages 247-260, January.
- Prichard, J Robert S, 1988. "A Systematic Approach to Comparative Law: The Effect of Cost, Fee, and Financing Rules on the Development of the Substantive Law," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 451-475, June.
- Patricia Munch Danzon, 1983. "Contingent Fees for Personal Injury Litigation," Bell Journal of Economics, The RAND Corporation, vol. 14(1), pages 213-224, Spring.
- Guntz Peter, 1995. "Das Ende des Anlegerschutzes in den USA?," Zeitschrift für Bankrecht und Bankwirtschaft (ZBB) / Journal of Banking Law and Banking (JBB), RWS Verlag, vol. 7(2), pages 206-210, June.
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- Luppi, Barbara & Parisi, Francesco & Rajagopalan, Shruti, 2012. "The rise and fall of the polluter-pays principle in developing countries," International Review of Law and Economics, Elsevier, vol. 32(1), pages 135-144.
- Giorgio Rampa & Margherita Saraceno, 2018. "Accuracy and Costs of Dispute Resolution with Heterogeneous Consumers. A Conjectural Approach to Mass Litigation," DEM Working Papers Series 155, University of Pavia, Department of Economics and Management.
- L. Visscher & M. Faure, 2021. "A Law and Economics Perspective on the EU Directive on Representative Actions," Journal of Consumer Policy, Springer, vol. 44(3), pages 455-482, September.
- Sophie Harnay & Alain Marciano, 2011. "Seeking rents through class actions and legislative lobbying: a comparison," European Journal of Law and Economics, Springer, vol. 32(2), pages 293-304, October.
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Keywords
civil liability; class action; actions of associations; bundling of interests;All these keywords.
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