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Litigation and dispute resolution in Economic perspective

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Master’s degree in high English level
-No References on this assignment
-Answering these questions based on these text books.

� Bone, Civil Procedure: The Economics of Civil Procedure (Bone)
� Cover and Fiss, The Structure of Procedure (CF)
� Dixit & Nalebuff, Thinking Strategically (TS)
-This class is Litigation and dispute resolution in Economic perspective
No math problems in this assignment it is settle problem

This class is Provides the cornerstone of the Litigation Law track. It introduces the theory and practice of litigation and other forms of dispute resolution, and draws upon the basic tools of decision theory, game theory, and economic analysis to address some of the key features of the litigation process and its institutions. Among the topics addressed are the decision to commence litigation and whether to settle or go to trial; settlement negotiations; strategic behavior as affecting decision making by both private actors and the courts; economic analyses of litigation; agency or moral hazard problems presented by both lawyers and courts; the impact of attorney�s fee arrangements, fee-shifting rules, and court-imposed sanctions; party versus court control of proceedings; and the effect of enforcement costs on competing substantive legal rules.
-These subjects that covered on class until now:
August 22, 2016 – Class #1.
Basic Structure of the Course & Overview
General Background:
**Bone, Chapter 1.
**Kobayashi, The Economics of Litigation, available online at:
*Cornell, “The Incentive to Sue: An Option Pricing Approach,” 19 J. Legal Stud. 173 (1990)
**Miller, “The Damages Dilemma in the Bet-the-Company Case,” 17 Litigation No. 2, p. 12.
August 29, 2016 – Class #2.
Judge and Jury Decisionmaking
Frontline Video – Inside the Jury Room (to be shown in class).
Peremptory Challenges, Jury Size and Ex-Post Controls over the Jury
**Lempert, “Jury Size and the Peremptory Challenge” (CF)
**Tanner v. U.S. 483 U.S. 107 (1987).
*Warger v. Shauers, 135 S. Ct. 521 (2014).
Judge versus Jury Decisionmaking.
**Kalven and Ziesel, The American Jury, (1966) (excerpts from CF, Chp 5).
*Clermont and Eisenberg, “Trial by Jury or Judge: Transcending Empiricism,” 77 Cornell L. Rev. 1124 (1992).
September 12, 2016 – Class #3.
Game Theory and Trial Expenditures
**Dixit & Nalebuff, (TS) Chapters 1-4.
Application I: The Prisoner’s Dilemma
** Page v. U.S., 884 F.2d 300 (1989).
**U.S. v. Singleton, 144 F.3d 1343 (1998), vacated
**U.S. v. Singleton, 165 F.3d. 1297 (1999).
Application II: Lawyers and Litigation Expenditures
**Gilson and Mnookin, “Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation,” 94 Colum. L. Rev. 509 (1994).
**Trubek, et al., �The Costs of Ordinary Litigation,� 31 UCLA L. Rev. 72 (1983).

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