The purpose of this chapter is to survey the academic literature on the economics of litigation
and to synthesize its main themes. The chapter begins by introducing the basic economic …

Any organization's success depends upon the voluntary cooperation of its members. But
what motivates people to cooperate? In Why People Cooperate, Tom Tyler challenges the …

American dispute resolution is more adversarial, compared with systems of other
economically advanced countries. Americans more often rely on legal threats and lawsuits …

Trade secret law is an anomaly in intellectual property. It focuses on relationally specific
duties and imposes liability only when the means of appropriation is wrongful, where …

Two thousand years ago, Seneca described advocates not as seekers of truth but as
accessories to injustice," smothered by their prosperity." This unflattering assessment has …

In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives
of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers …

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to
haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to …

Within the United States both intellectual discourse and the development of social policy
have been dominated in recent years by the" rational choice" model of the individual. This …

Few industries have suffered more visibly from the financial meltdown of 2008-2009 than the
nation's largest law firms (what this Article refers to as" Big Law"). After a half century of rapid …

IN The Problem of Social Cost, 1 Ronald Coase investigated the economic effects of liability
rules for externalities when the affected parties can bargain with each other. More …