Civil Procedure: Economics of Civil Procedure describes one way to make these policy tradeoffs: the approach of law-and-economics. The law-andeconomics literature has devoted a good deal of attention to procedural issues and over time developed a powerful set of analytical tools. Indeed, economics is useful for analyzing virtually every feature of the procedural system, including burdens of pleading and proof, summary judgment, frivolous litigation, party and claim joinder rules, discovery, the class action, settlement, and alternative dispute resolution.
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