Litigation and Cooperation

Litigation and Cooperation
Author: Lene Rubinstein
Publisher: Franz Steiner Verlag
Total Pages: 300
Release: 2000
Genre: Athens (Greece)
ISBN: 9783515077576

Syn�goroi are widely known in Athenian law to have served as supporting speakers and aids to the main prosecutors within a courtroom. Lene Rubinstein argues that these people were an important part of court practice and social and political litigation, though largely ignored in many previous studies of Athenian politics. Her study draws extensively on the speeches of syn�goroi , revealing their multi-functionality as witnesses, as co-speakers alongside the main prosecutor and as part of a collaborative legal team.

Does Repeat Play Elicit Cooperation? Evidence from Federal Civil Litigation

Does Repeat Play Elicit Cooperation? Evidence from Federal Civil Litigation
Author: Joel Waldfogel
Publisher:
Total Pages: 0
Release: 2002
Genre:
ISBN:

While some litigants frequently file cases, very few opposing pairs of litigants appear together frequently. Thus, there is little opportunity for litigants to develop trust or reputation. Lawyers, on the other hand, face each other frequently and participate in a community of lawyers that shares information. Lawyers may therefore foster efficient dispute resolution by turning one-shot client interaction into a repeated game. This suggests the following empirical question: Are disputes resolved more quickly by agents (lawyers) who interact frequently, either as individuals or through their firms? We have assembled a dataset on roughly 2000 federal civil cases filed in the Eastern District of Pennsylvania in 1994, supplementing the ICPSR data with attorney, and firm, identity. After accounting for individual attorney speed, we find that cases involving attorney pairs who interact repeatedly in our data are resolved more quickly and are more likely to settle.

International Co-Operation in Litigation: Europe

International Co-Operation in Litigation: Europe
Author: Hans Smit
Publisher: Springer Science & Business Media
Total Pages: 521
Release: 2012-12-06
Genre: Law
ISBN: 9401192081

The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Intolerant Justice

Intolerant Justice
Author: Asif Efrat
Publisher: Oxford University Press
Total Pages: 329
Release: 2023-01-03
Genre: Conflict of laws
ISBN: 019765889X

"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--

Cooperation Without Enforcement?

Cooperation Without Enforcement?
Author: Yannis Bakos
Publisher:
Total Pages: 62
Release: 2003
Genre:
ISBN:

Online reputation mechanisms are emerging as a promising alternative to more established mechanisms for promoting trust and cooperative behavior, such as legally enforceable contracts. As information technology dramatically reduces the cost of accumulating, processing and disseminating consumer feedback, it is plausible to ask whether such mechanisms can provide an economically more efficient solution to a wide range of moral hazard settings where societies currently rely on the threat of litigation in order to induce cooperation. In this paper we compare online reputation to legal enforcement as institutional mechanisms in terms of their ability to induce cooperative behavior. Furthermore, we explore the impact of information technology on their relative economic efficiency. We find that although both mechanisms result in losses relative to the maximum possible social surplus, under certain conditions online reputation outperforms litigation in terms of maximizing the total surplus, and thus the resulting social welfare. Keywords: Online Reputation Mechanisms, Quality Assurance, Litigation, Internet, Game Theory, E-commerce, Information Technology.