Jurisdictional Competition and the Evolution of the Common Law

@article{Klerman2004JurisdictionalCA,
  title={Jurisdictional Competition and the Evolution of the Common Law},
  author={Daniel M. Klerman},
  journal={University of Southern California Center for Law \& Social Science (CLASS) Law \& Economics Research Paper Series},
  year={2004}
}
  • Daniel M. Klerman
  • Published 2004
  • Political Science, Economics
  • University of Southern California Center for Law & Social Science (CLASS) Law & Economics Research Paper Series
This paper explores the role jurisdictional competition played in the development of the common law. For most of English legal history, there were several courts with overlapping jurisdiction. In addition, judges received fees on a per case basis. As a result, judges had an incentive to hear more cases. The central argument of this article is that, since plaintiffs chose the forum, judges and their courts competed by making the law more favorable to plaintiffs. Courts expanded their… Expand
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References

Similarly, if v(d) is always increasing and v(d N ) + λ >0, the courts will choose the most proplaintiff rule (as described in Proposition 2(d)). As λ decreases
  • Propositions