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With contributions from some of the leading scholars in law and economics, this comprehensive book summarizes the state of economic research on litigation, procedure and evidence.
Among the topics covered are the settlement negotiations; discovery; the incentive to sue; theories of legal evidence; evidentiary misconduct; and the privilege against self-incrimination.
Procedural Law and Economics will be a valuable reference tool for academics and post graduate students in law, business, and economics. Anyone with a general interest how legal process does and should work will also find much to interest them in this book.
Contributors include: L. Bebchuk, R. Bone, A. Daughety, L. Froeb, G. Hadfield, K. Hylton, A. Katz, A. Klement, B. Kobayashi, L. Kornhauser, H. Lin, T. Miceli, T. Miles, E.A. O'Hara, J. Reinganum, L. Ribstein, C. Sanchirico, A. Stein
- Sales Rank: #4243303 in Books
- Brand: Brand: Edward Elgar Pub
- Published on: 2012-03-31
- Original language: English
- Number of items: 1
- Dimensions: 9.25" h x 6.25" w x 1.25" l, 2.05 pounds
- Binding: Hardcover
- 544 pages
- Used Book in Good Condition
Review
The second edition of Procedural Law and Economics is an expanded and updated collection that highlights new developments and reiterates older themes. The volume will be essential reading both for economists who want an introduction to a core legal subject, and for legal scholars seeking new insights into the such topics as settlement, fee shifting, and class actions.
--- Susan Rose-Ackerman, Yale University, US
About the Author
Edited by Chris William Sanchirico, Samuel A. Blank Professor of Law, Business, and Public Policy, University of Pennsylvania Law School and Wharton School, US
Most helpful customer reviews
0 of 0 people found the following review helpful.
Essential reading
By Phillip Taylor MBE
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FOR ECONOMISTS AND LEGAL SCHOLARS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This is Volume 8 of the Encyclopedia of Law and Economics, Second Edition, part of a series published by Edward Elgar.
Obviously economics-based, this volume examines and summarises much of the latest research and thinking on litigation, procedure and evidence.
This second edition is an updated collection of learned articles from no less than nineteen leading academics and lawyers. All but one hail from American universities, including Harvard, Columbia and Vanderbilt. This new edition contains several new entries highlighting new developments and reiterating and reinterpreting older themes. While the American orientation of the book must be borne in mind, most of the material is applicable anywhere, including, of course, the UK.
The book is quite rightly referred to as essential reading for economists, graduate students in economics (of course), as well as those in law and business. For economists the book does much to explain how the legal process should work. For lawyers, or academics it takes an economist's eye view of the law and of legal processes, delivering interesting new insights into such issues as fee shifting, class actions and settlement.
Just to give one example, the chapter on settlement, written for the `not-terribly-technical-nonspecialist,' as the authors describe it, presents the basics and assumptions of game theory, (rather surprisingly) and explains how these concepts may be applied to settlement problems and issues.
A number of models of the settlement process are thereby revealed, with a view to explaining, for instance, why and how negotiations may break down. Does this, however, really work within the real and raw practicalities of settlement? Our advice is: have a try and see!
The perspective here, as in other articles in the book, is an academic one, but all the better for that, especially if you are a student preparing a paper or thesis. As for the general reader there is much of interest to discover, including the article on `Adversarial versus Inquisitorial Justice', which takes a reasoned and carefully argued approach to this perennially recurring debate.
Finally, the book is useful as a research tool, with any number of footnotes and bibliographies. The twenty-four page index at the back makes it easier to look up specific topics. Published in 2012, the book is certainly bang up to date.
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