1002 University of Pennsylvania Law Review [Vol. 169: 1001 will be how best to adapt a
digitized litigation system using civil procedure rules built for a very different, analog era …

Non–practicing entities (NPEs), some of which are also labeled patent assertion entities or
“patent trolls,” play a disputed role in our modern patent system. These entities, which do not …

Public concern about harmful policing is surging. Governments are paying historic amounts
for law enforcement liability. Has police behavior changed? Or is society responding …

This chapter reviews the literature on private sector lawyering. First summarizing a long line
of literature following Marc Galanter's 1974 classic, it explores studies that investigate …

This paper introduces the reduced-form approach to litigation selection models. A reduced
form comprises a joint distribution of parties' beliefs about the probability that a plaintiff …

This article presents the first rigorous, multi-country analysis of settlement rates. Data on
settlement were collected for twenty-three of the twenty-five largest economies. Settlement …

This article explores the selection of disputes for litigation in a setting with two-sided
incomplete information and correlated signals. The models analyzed here suggest that …

Legal systems differ about the availability of specific performance as a remedy for breach of
contract. While common law systems deny specific performance in all but exceptional cases …

Normative legal argument based on empirical evidence is not necessarily best served by
standards from the social sciences. Precautionary concern for false negatives may call for an …

When adjudication is not perfectly accurate, litigants with unmeritorious cases may benefit
from court errors, which in turn may result in a dilution of incentives for primary behavior and …