Wednesday, June 15, 2011
Professor Robert Bone (University of Texas) has posted on SSRN a draft of his essay, Preclusion, which will be published in Procedural Law and Economics. Here’s the abstract:
This essay on preclusion will be a chapter in the Procedural Law and Economics volume forthcoming from Edward Elgar. It reviews the law-and-economics literature on preclusion, current as of 2008 (when I wrote the chapter). It discusses the economics of claim preclusion and issue preclusion, including nonmutual issue preclusion and nonparty preclusion.