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The Economics of Courts and Litigation

Author

Listed:
  • Francisco Cabrillo
  • Sean Fitzpatrick

Abstract

Dissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors’ belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law tradition, but offer analysis of issues not normally found in the North-American literature, such as the Latin notary and the selection and values of judges in civil law systems. They further propose an ample list of considerations for a reform agenda.

Individual chapters are listed in the "Chapters" tab

Suggested Citation

  • Francisco Cabrillo & Sean Fitzpatrick, 2008. "The Economics of Courts and Litigation," Books, Edward Elgar Publishing, number 3421.
  • Handle: RePEc:elg:eebook:3421
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    Citations

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    Cited by:

    1. Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2018. "Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?," Constitutional Political Economy, Springer, vol. 29(3), pages 317-337, September.
    2. Lee, Mina & Mutlu, Canan & Lee, Seung-Hyun, 2023. "Bribery and Firm Growth: Sensemaking in CEE and Post-Soviet Countries," Journal of International Management, Elsevier, vol. 29(1).
    3. Gaessler, Fabian & Lefouili, Yassine, 2017. "What to Buy When Forum Shopping? Analyzing Court Selection in Patent Litigation," TSE Working Papers 17-775, Toulouse School of Economics (TSE).
    4. Claudio Detotto & Laura Serra & Marco Vannini, 2019. "Did specialised courts affect the frequency of business bankruptcy petitions in Spain?," European Journal of Law and Economics, Springer, vol. 47(1), pages 125-145, February.
    5. Narang Prashant, 2011. "Regulatory Barriers to Litigation in India," Asian Journal of Law and Economics, De Gruyter, vol. 2(3), pages 1-16, October.
    6. Frank B. Cross & Dain C. Donelson, 2010. "Creating Quality Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 7(3), pages 490-510, September.
    7. Fernando Gómez & Anna Ginès-Fabrellas & Ignacio Marín-García, 2009. "The State in Court: the economic effects of fee-shifting rules in Spain when suing the government," Portuguese Economic Journal, Springer;Instituto Superior de Economia e Gestao, vol. 8(3), pages 183-203, December.
    8. Timothy Yu-Cheong Yeung & Michal Ovádek & Nicolas Lampach, 2022. "Time efficiency as a measure of court performance: evidence from the Court of Justice of the European Union," European Journal of Law and Economics, Springer, vol. 53(2), pages 209-234, April.

    Book Chapters

    The following chapters of this book are listed in IDEAS

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    Keywords

    Economics and Finance; Law - Academic;

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