TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, October 10, 2013

Krauss on Litigation Financing and Ethics

Michael Krauss (George Mason) has posted to SSRN Alternate Dispute Financing and Legal Ethics:  Free the Lawyers!.  The abstract provides:

As is the case for many of our entitlements, our rights of action are protected by a less-than-full property rule. As a result, financing of litigation has been limited. The recent rise of alternate dispute financing has raised serious ethical problems. In this Article, I discuss those problems, dismiss some (but not all) of them, and suggest that pushing the protection of our entitlement to sue closer to a property rule might alleviate those problems that remain.


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