Litigation as a Measure of Well-Being

Eisenberg, Theodore; Robinson, Nick; Kalantry, Sital

doi:10.2139/ssrn.2036194

Cited by 22 publications

(23 citation statements)

References 15 publications

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“…Other empirical studies—whether of Japan (Ginsburg & Hoetker ) or elsewhere (e.g., Eisenberg et al. )—do present some results consistent with this logic. In Panel A of Table , I regress the settlement rate on three indices of economic welfare.…”

Section: Resultsmentioning

confidence: 79%

“…By the classic model of litigation and settlement, wealthier communities (because their disputes involve higher stakes) should have higher litigation rates. Other Divorces and Traffic Accidents in Japan empirical studies-whether of Japan (Ginsburg & Hoetker 2006) or elsewhere (e.g., Eisenberg et al 2012)-do present some results consistent with this logic. In Panel A of Table 6, I regress the settlement rate on three indices of economic welfare.…”

Section: Individual Proxy Variablesmentioning

confidence: 84%

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Litigation and Social Capital: Divorces and Traffic Accidents in Japan

Ramseyer¹

2014

J Empirical Legal Studies

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Are litigation rates higher where social capital is low? Using prefecture-level data, I ask whether Japanese in communities with high levels of "social capital" more readily settle their divorce and traffic accident disputes outof-court. Although litigation rate studies often measure suits per capita, the more appropriate measure may involve suits per "dispute." For many categories of disputes we lack reliable data about the numbers of disputes involved, but for divorce and traffic accidents we do have those numbers. Using these data, I find that couples in communities with low social capital are more apt to divorce, and so are those in poorer communities. Conditional on divorce, however, couples in low social-capital communities are not more likely to litigate the terms of their divorces. Note that litigation rates for divorce are higher in wealthier and bettereducated communities, but unrelated to the availability of an attorney.I contrast this situation with disputes over serious traffic accidents. In these disputes, whether a party sues depends crucially on the availability of an attorney. Social capital also seems to reduce the litigation rate, but wealth and education (beyond their effect through attorney availability) do not matter. * Mitsubishi Professor of Japanese Legal Studies, Harvard University. I gratefully acknowledge the helpful suggestions of Wered ben Sade, Tom Ginsburg, and Glenn Hoetker, and the generous financial assistance of the Harvard Law School.

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Section: Resultsmentioning

confidence: 79%

Section: Individual Proxy Variablesmentioning

confidence: 84%

Litigation and Social Capital: Divorces and Traffic Accidents in Japan

Ramseyer¹

2014

J Empirical Legal Studies

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“…Some studies of litigation in general find a positive correlation between litigation and prosperity (Eisenberg et al. ; Ginsburg & Hoetker ) and present several explanations. First, more economic activities tend to generate more disputes, which drives up the rate of lawsuits (Ginsburg & Hoetker ).…”

Section: Theories and Hypothesesmentioning

confidence: 98%

“…Likewise, serious case backlogs have slowed down the growth of litigation rates in India (Eisenberg et al. ). The argument, however, does not apply to administrative litigation in China.…”

Section: Theories and Hypothesesmentioning

confidence: 99%

Suing the Leviathan—An Empirical Analysis of the Changing Rate of Administrative Litigation in China

Ji¹

2013

J Empirical Legal Studies

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This article analyzes the changing rate of administrative litigation in China. Using a set of provincial-level data over seven years (2003)(2004)(2005)(2006)(2007)(2008)(2009), the article evaluates a number of hypotheses derived from extant theories of social litigiousness, state-society relations in authoritarian regimes, Chinese elite politics, and Chinese administrative law. It finds evidence that the rate of administrative litigation varies according to different levels of lawyer density and urbanization. It also finds preliminary evidence that casts doubt on the effects of top-down legal and policy changes in China.

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“…3 eisenberg recently published a number of articles that might be classified as comparative law and economics, investigating the relationship between litigation and well-being in india, israel's supreme courts appellate jurisdiction, and rule-shifting in the taiwanese supreme court (eisenberg et al, 2013;eisenberg & Huang, 2012;eisenberg et al, 2011). 4 the European Journal of Law and Economics in its disclaimer asserts that it '[e]mphasizes [.…”

mentioning

confidence: 99%

The past, present and future of comparative law and economics

Ramello¹

2016

Comparative Law and Economics

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Litigation as a Measure of Well-Being

Cited by 22 publications

References 15 publications

Litigation and Social Capital: Divorces and Traffic Accidents in Japan

Litigation and Social Capital: Divorces and Traffic Accidents in Japan

Suing the Leviathan—An Empirical Analysis of the Changing Rate of Administrative Litigation in China

The past, present and future of comparative law and economics

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