LEC Workshop for Law Professors: Economics of Litigation and Civil Procedure January 25-28, 2013



Class 1: Rules, Incentives, and Sequential Decision Making

Bone, Civil Procedure: The Economics of Civil Procedure, Foundation Press Turning Point Series (2003), Chapter 1

Cornell, "The Incentive to Sue: An Option Pricing Approach," 19 J. Legal Stud. 173 (1990)

Class 2: The Economics of Litigation and Settlement, Case Selection Effects

Bone, Chapter 2

Hylton, "Asymmetric Informaiton and the Selection of Disputes for Litigation," 22 J. Legal Stud. 187 (1993)

Class 3: Fee Shifting, Injunctive Settlements

Bone, Chapter 5

Hylton and Cho, "The Economics of Injunctive and Reverse Settlements," 12 Am. L. & Econ. Rev. 181 (2010)

Hylton, "Litigation Cost Alloction Rules and Compliance with Negligence Standard," 22 J. Legal Stud. 457 (1993) (first four pages only)

Class 4: The Economics of Pleasing and Discovery Reform

Bone, Chapters 4 and 7

Cooter and Rubinfeld, "An Economic Model of Legal Discovery," 23 J. Legal Stud. 435 (1994)

Class 5: Measuring the Effect of Heigntened Pleading Rules

Hatamyar, "The Tao of Pleading: Do Twombly and Iqbal Matter Empirically?", 59 Am. U. L. Rev. 553 (2010). 

Cecil, et al., Fed. Judicial Ctr., Motions to Discuss for Failure to State a Claim After Iqbal: Report to the Judicial Conference Advisory Committee on Civil Rules (2011)

Cecil, et al., Fed Judicial Ctr, Update on Resolution of Rule 12(B)(6) Motions Granted with Leave to Amend: Report to the Judicial Conference Advisory Committee on Civil Rules (2011)

Gelbach, "Locking the Doors to Discovery? Assessing the Effects of Twombly and Iqbal on Access to Discovery," 121 Yale L. J. 2270 (2012)

Gelbach, Selection in Motion: Measuring and Estimating the Effects of Heightened Pleading (August 29, 2012)

Class 6: Empirical Analyses of Litigation Reform

Hubbard, "Testing for Change in Procedural Standards, with Application to Bell Atlantic v. Twombly" (September 2012, forthcoming in Jounral of Legal Studies)

Choi, et al., "The Screening Effect of the Private Securities Litigation Reform Act," 6 J. Empirical L. Stud. 35 (2009)

Class 7: Discussion Session, Research Topics