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Costs—Risks and Reality

Susan D. Franck

in Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Published in print:
2019
Published Online:
April 2019
ISBN:
9780190054434
eISBN:
9780190054465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190054434.003.0006
Subject:
Law, Public International Law

This chapter addresses ITA costs by initially exploring normative reasons for taking costs seriously and reviewing the doctrine underpinning cost assessments, including the pay-your-own-way, ... More


A Mechanism Design Approach to Legal Problems

Alon Klement and Zvika Neeman

in The Handbook of Market Design

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199570515
eISBN:
9780191765957
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570515.003.0019
Subject:
Economics and Finance, Financial Economics

The chapter describes a mechanism design framework that could help identify a set of procedural mechanisms that would minimize the resources used to achieve one of the main goals of the court system, ... More


Litigation Rights and the Corporate Contract

Verity Winship

in The Corporate Contract in Changing Times: Is the Law Keeping Up?

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226599403
eISBN:
9780226599540
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226599540.003.0012
Subject:
Law, Company and Commercial Law

Are corporate charters and bylaws contracts? What is the scope or subject matter of the corporate contract? Is access to litigation part of the bundle of rights that shareholders purchase when they ... More


Private Ordering Post-Trulia: Why No-Pay Provisions Can Fix the Deal Tax and Forum Selection Provisions Can’t

Sean J. Griffith

in The Corporate Contract in Changing Times: Is the Law Keeping Up?

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226599403
eISBN:
9780226599540
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226599540.003.0013
Subject:
Law, Company and Commercial Law

I examine the flight of cases from Delaware in the wake of the Court of Chancery’s decision in Trulia and ask whether there is a private ordering solution to the problem. After demonstrating why ... More


The Conservative Class Action

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter takes seriously the best arguments against class actions and responds with appropriate reforms. For example, it is true that many of the substantive laws class actions enforce are bad ... More


The New Liberal State

Jefferson Decker

in The Other Rights Revolution: Conservative Lawyers and the Remaking of American Government

Published in print:
2016
Published Online:
September 2016
ISBN:
9780190467302
eISBN:
9780190600587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190467302.003.0002
Subject:
History, American History: 20th Century, Political History

During the period of liberal reform known as the Great Society, the US government expanded its regulation of the nation’s economy in an effort to protect the environment and protect consumers from ... More


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