Daniel M. Klerman

University of Southern California Gould School of Law

Professor of Law and History

699 Exposition Boulevard

Los Angeles, CA 90089

United States

http://weblaw.usc.edu/contact/contactInfo.cfm?detailID=227

  • University of Southern California Gould School of Law

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    • Tel: 213-740-7973
    • Fax: 213-740-5502
SCHOLARLY PAPERS

42

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110

Scholarly Papers (42)

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1.

Forum Selling

89 Southern California Law Review 241 (2016), USC CLASS Research Paper No. 14-35, USC Law Legal Studies Paper No. 14-44, California Western School of Law Research Paper No. 16-08
Number of pages: 78 Posted: 19 Dec 2014 Last Revised: 02 Sep 2016
Daniel M. Klerman and Greg Reilly
University of Southern California Gould School of Law and IIT Chicago-Kent College of Law
Downloads 774 (38,023)
Citation 10

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forum shopping, personal jurisdiction, venue, patent, trademark, ICANN, UDRP, class action, mass tort, product liability, bankruptcy, LoPucki, Eastern District of Texas, forum selling, judicial behavior, reorganization

2.

The Value of Judicial Independence: Evidence from 18th Century England

Downloads 774 ( 38,023)
Citation 36

The Value of Judicial Independence: Evidence from 18th Century England

Univ. of Virginia Law & Econ Research Paper No. 03-12; USC Law and Public Policy Research Paper No. 04-2; USC Law School, Olin Research Paper No. 04-2
Number of pages: 36 Posted: 09 Feb 2004
Daniel M. Klerman and Paul G. Mahoney
University of Southern California Gould School of Law and University of Virginia School of Law
Downloads 507 (65,297)
Citation 7

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Judicial independence, Glorious Revolution, law and finance

The Value of Judicial Independence: Evidence from 18th Century England

7 American Law & Economics Review 1-27 (2005), USC Law and Public Policy Research Paper No. 04-27, USC CLASS Research Paper No. 04-27
Number of pages: 39 Posted: 06 Sep 2004 Last Revised: 19 Dec 2014
Daniel M. Klerman and Paul G. Mahoney
University of Southern California Gould School of Law and University of Virginia School of Law
Downloads 267 (136,114)
Citation 10

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Judicial independence, Glorious Revolution, law and finance

3.

Legal Origin or Colonial History?

3 Journal of Legal Analysis 379-409 (2011), USC CLEO Research Paper No. C11-9, USC Law Legal Studies Paper No. 11-16, Virginia Law and Economics Research Paper No. 2011-03
Number of pages: 28 Posted: 03 Aug 2011 Last Revised: 17 Dec 2014
Daniel M. Klerman, Paul G. Mahoney, Holger Spamann and Mark Weinstein
University of Southern California Gould School of Law, University of Virginia School of Law, Harvard Law School and University of Southern California - Marshall School of Business - Finance and Business Economics Department
Downloads 643 (48,828)
Citation 14

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legal origin, colonial origin, colonial history, economic growth, civil law, common law

4.

Legal Infrastructure, Judicial Independence, and Economic Development

19 Pacific McGeorge Global Business & Development Law Journal 427-34 (2007), USC CLEO Research Paper No. C06-1, USC Law Legal Studies Paper No. C06-1
Number of pages: 9 Posted: 25 Jan 2006 Last Revised: 17 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 553 (59,195)
Citation 3

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5.

Legal Origin?

35 Journal of Comparative Economics 278-293 (2007), University of Southern California CLEO Research Paper No. C07-5, University of Southern California Law Legal Studies Paper No. 07-3
Number of pages: 35 Posted: 07 Mar 2007 Last Revised: 17 Dec 2014
Daniel M. Klerman and Paul G. Mahoney
University of Southern California Gould School of Law and University of Virginia School of Law
Downloads 526 (63,041)
Citation 1

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6.

Corruption and the Optimal Use of Non-Monetary Sanctions

USC CLEO Research Paper No. C01-4, 24 International Review of Law & Economics 219-25 (2004), USC CLASS Research Paper No. 01-9
Number of pages: 25 Posted: 11 Jul 2001 Last Revised: 19 Dec 2014
Nuno Garoupa and Daniel M. Klerman
George Mason University - Antonin Scalia Law School, Faculty and University of Southern California Gould School of Law
Downloads 526 (63,041)
Citation 8

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Non-monetary sanction, corruption

7.

The Emergence of English Commercial Law: Analysis Inspired by Ottoman Experience

71 Journal of Economic Behavior and Organization 638-646 (2009), USC CLEO Research Paper No. 08-19, USC Law Legal Studies Paper No. 08-24
Number of pages: 29 Posted: 12 Sep 2008 Last Revised: 17 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 470 (72,493)

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Contracts, Commercial Law, England, Ottoman Empire

8.

Statistical and Economic Approaches to Legal History

2002 University of Illinois Law Review 1167 (2002), USC Public Policy Research Paper No. 02-6, USC CLASS Research Paper No. 02-6
Number of pages: 11 Posted: 15 Oct 2002 Last Revised: 19 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 439 (78,681)
Citation 4

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9.

Economic Analysis of Legal History

Methodologies of Law & Economics, ed. Tom Ulen, Forthcoming, USC CLASS Research Paper No. 14-15, USC Law Legal Studies Paper No. 14-16
Number of pages: 25 Posted: 09 Apr 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 405 (86,527)

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legal history, economic analysis, private ordering, positive analysis, Demsetz, Posner, efficiency

10.

Jurisdictional Competition and the Evolution of the Common Law

74 University of Chicago Law Review 1179 (2007), University of Southern California CLEO Research Paper No. C07-4, University of Southern California Law Legal Studies Paper No. 07-2
Number of pages: 55 Posted: 07 Mar 2007 Last Revised: 17 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 404 (86,754)
Citation 11

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11.

Trademark Dilution, Search Costs, and Naked Licensing

74 Fordham Law Review 1759-73 (2006), USC Law Legal Studies Paper No. 05-23, USC CLEO Research Paper No. C05-16
Number of pages: 16 Posted: 14 Dec 2005 Last Revised: 17 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 376 (94,609)

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12.

Jurisdiction, Choice of Law and Property

In Law and Economics of Possession, Yun-chien Chang, ed. (Cambridge University Press, 2015), USC CLASS Research Paper No. CLASS14-16, USC Law Legal Studies Paper No. 14-17
Number of pages: 22 Posted: 09 Apr 2014 Last Revised: 05 Jan 2016
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 372 (95,433)

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property, choice of law, private international law, water law, stolen art, adverse possession, statutes of limitations

13.

Contingent Fee Litigation in New York City

70 Vanderbilt Law Review 1971 (2017), Claremont McKenna College Robert Day School of Economics and Finance Research Paper No. 3009453, USC CLASS Research Papers Series No. CLASS17-19, USC Law Legal Studies Paper No. 17-17
Number of pages: 23 Posted: 28 Jul 2017 Last Revised: 30 Nov 2017
Eric Helland, Daniel M. Klerman, Brendan Dowling and Alexander Kappner
Claremont McKenna College - Robert Day School of Economics and Finance, University of Southern California Gould School of Law, USC Gould School of Law and Independent
Downloads 366 (97,215)

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Tort, Contingent Fee, Litigation, Settlement, Selection, State Court, Expenses, Attorneys' Fees

14.

Economics of Legal History

Oxford Handbook of Law & Economics, ed. Francesco Parisi, 2014, USC CLASS Research Paper No. 14-30, USC Law Legal Studies Paper No. 14-38
Number of pages: 28 Posted: 28 Aug 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 355 (100,677)
Citation 1

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legal history, economic analysis, private ordering, positive analysis, Demsetz, Posner, efficiency

15.

Optimal Law Enforcement with a Rent-Seeking Government

Downloads 345 (103,906)

Optimal Law Enforcement with a Rent-Seeking Government

Number of pages: 42 Posted: 11 Sep 2000
Daniel M. Klerman and Nuno Garoupa
University of Southern California Gould School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 345 (103,181)
Citation 4

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Optimal Law Enforcement with a Rent-Seeking Government

American Law and Economics Review, Vol. 4, No. 1, pp. 116-140, 2002
Posted: 29 Feb 2008
Daniel M. Klerman and Nuno Garoupa
University of Southern California Gould School of Law and George Mason University - Antonin Scalia Law School, Faculty

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16.

The Priest-Klein Hypotheses: Proofs and Generality

47 International Review of Law and Economics 59 (2016), USC CLASS Research Paper No. 14-34, USC Law Legal Studies Paper No. 14-43
Number of pages: 18 Posted: 19 Dec 2014 Last Revised: 27 Sep 2016
Yoon-Ho Alex Lee and Daniel M. Klerman
Northwestern Pritzker School of Law and University of Southern California Gould School of Law
Downloads 289 (125,859)
Citation 6

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litigation, settlement, selection, bargaining, Priest and Klein, asymmetric stakes, divergent expectations, asummetric information, Chatterjee-Samuelson, Landes-Posner-Gould, bargaining, Bayes, Bayesian, trial, disputes, 50 percent

17.

The Selection of Thirteenth-Century Disputes for Litigation

9 Journal of Empirical Legal Studies 320-46 (2012), USC Law School, Olin Research Paper No. 00-10
Number of pages: 58 Posted: 12 Jul 2011 Last Revised: 19 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 288 (126,313)
Citation 1

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litigation, settlement, selection

18.

Corruption and Private Law Enforcement: Theory and History

6 Review of Law & Economics 75-96 (2010), U Illinois Law & Economics Research Paper No. LE09-016, USC CLEO Research Paper No. C09-12, USC Law Legal Studies Paper No. 09-25
Number of pages: 28 Posted: 12 Jun 2009 Last Revised: 17 Dec 2014
Nuno Garoupa and Daniel M. Klerman
George Mason University - Antonin Scalia Law School, Faculty and University of Southern California Gould School of Law
Downloads 263 (138,902)
Citation 1

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19.

Female Prosecutors in Thirteenth-Century England

14 Yale Journal of Law and Humanities 271 (2002), USC Law School, Olin Research Paper No. 00-13
Number of pages: 70 Posted: 14 Sep 2000 Last Revised: 20 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 253 (144,408)
Citation 8

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20.

Was the Jury Ever Self-Informing?

77 Southern California Law Review 123-50 (2003), USC Public Policy Research Paper No. 01-10
Number of pages: 34 Posted: 16 Jul 2001 Last Revised: 19 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 252 (144,952)
Citation 1

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21.

Quantitative Legal History

Forthcoming, Oxford Handbook of Historical Legal Research, USC CLASS Research Paper No. CLASS17-14, USC Law Legal Studies Paper No. 17-12
Number of pages: 13 Posted: 03 May 2017 Last Revised: 14 Jul 2017
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 225 (161,794)

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Legal History, Empirical Legal Studies, Social Science, Statistics, Regressions, Civil Rights, Securities Law, New Deal, History of Capitalism

22.

The Economics of Civil Procedure

Downloads 224 (162,491)

The Economics of Civil Procedure

Forthcoming, Annual Review of Law & Social Science, USC CLASS Research Paper No. 15-6, USC Legal Studies Research Paper No. 15-6
Number of pages: 44 Posted: 24 Feb 2015 Last Revised: 24 Apr 2015
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 224 (162,074)
Citation 4

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litigation, accuracy, motion, summary judgment, discovery, jurisdiction

The Economics of Civil Procedure

Annual Review of Law and Social Science, Vol. 11, pp. 353-371, 2015
Posted: 11 Nov 2015
Daniel M. Klerman
University of Southern California Gould School of Law

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23.

Personal Jurisdiction and Product Liability

85 Southern California Law Review 1551-1596 (2012), USC CLASS Research Paper No. C12-2, USC Law Legal Studies Paper No. 12-4
Number of pages: 35 Posted: 20 Jan 2012 Last Revised: 17 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 216 (168,094)
Citation 6

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personal jurisdiction, products liability, jurisdictional competition, choice of law

24.

Forum Selling Abroad

MPI Collective Goods Discussion Paper, No. 2018/11, Virginia Law and Economics Research Paper No. 2018-14, USC CLASS Research Papers Series No. CLASS19-3, USC Legal Studies Research Papers Series No. 19-3
Number of pages: 70 Posted: 27 Sep 2018 Last Revised: 28 Feb 2019
Stefan Bechtold, Jens Frankenreiter and Daniel M. Klerman
ETH Zürich, Columbia Law School and University of Southern California Gould School of Law
Downloads 180 (198,607)

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25.

Law Matters -- Less Than We Thought

USC CLASS Research Paper No. CLASS19-26, USC Law Legal Studies Paper No. 19-26
Number of pages: 65 Posted: 20 Aug 2019 Last Revised: 20 Jan 2021
Daniel M. Klerman and Holger Spamann
University of Southern California Gould School of Law and Harvard Law School
Downloads 177 (201,527)

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judicial decisionmaking, experiment, rules versus standards, choice of law, conflict of law

26.

Reputational Economies of Scale

USC Law Legal Studies Paper No. 18-7, USC CLASS Research Paper No. CLASS18-7
Number of pages: 30 Posted: 13 Apr 2018 Last Revised: 08 Oct 2020
Daniel M. Klerman and Miguel de Figueiredo
University of Southern California Gould School of Law and University of Connecticut - School of Law
Downloads 165 (213,871)

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reputation, repeat-play, economies of scale, gatekeeper, product liability, umbrella trademark

27.

Updating Priest and Klein

USC CLASS Research Paper No. 15-21, USC Law Legal Studies Paper No. 15-17
Number of pages: 35 Posted: 19 Jun 2015 Last Revised: 14 Aug 2015
Yoon-Ho Alex Lee and Daniel M. Klerman
Northwestern Pritzker School of Law and University of Southern California Gould School of Law
Downloads 165 (213,871)
Citation 3

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28.

Inferences from Litigated Cases

43 Journal of Legal Studies 209-48 (2014), USC Law Legal Studies Paper No. 14-14, USC CLASS Research Paper No. CLASS14-13
Number of pages: 43 Posted: 18 Mar 2014 Last Revised: 03 Feb 2018
Daniel M. Klerman and Yoon-Ho Alex Lee
University of Southern California Gould School of Law and Northwestern Pritzker School of Law
Downloads 163 (216,157)
Citation 1

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litigation, suit, settlement, selection, Priest and Klein, fifty-percent, asymmetric information, divergent expectations

29.

Maybe There's No Bias in the Selection of Disputes for Litigation

Forthcoming, Journal of Institutional and Theoretical Economics, Claremont McKenna College Robert Day School of Economics and Finance Research Paper No. 2994624, USC CLASS Research Papers Series No. CLASS17-18, USC Legal Studies Research Papers Series No. 17-16
Number of pages: 29 Posted: 29 Jun 2017 Last Revised: 19 Sep 2017
Eric Helland, Daniel M. Klerman and Yoon-Ho Alex Lee
Claremont McKenna College - Robert Day School of Economics and Finance, University of Southern California Gould School of Law and Northwestern Pritzker School of Law
Downloads 152 (229,193)
Citation 3

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Litigation; Settlement; Selection; Priest-Klein; Asymmetric Information; Inconsistent Priors

30.

Inside the Caucus: An Empirical Analysis of Mediation from Within

Downloads 150 (231,664)

Inside the Caucus: An Empirical Analysis of Mediation from Within

Forthcoming, Journal of Empirical Legal Studies, USC Legal Studies Research Papers Series No. 14-31, USC CLASS Research Paper No. CLASS14-25
Number of pages: 33 Posted: 24 Jul 2014 Last Revised: 07 Jul 2015
Daniel M. Klerman and Lisa Klerman
University of Southern California Gould School of Law and USC Gould School of Law
Downloads 149 (233,468)

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mediation, settlement, ADR, dispute resolution, employment, discrimination, gender, bargaining, negotiation, law firms

Inside the Caucus: An Empirical Analysis of Mediation from Within

Journal of Empirical Legal Studies, Vol. 12, Issue 4, pp. 686-715, 2015
Number of pages: 30 Posted: 28 Oct 2015
Daniel M. Klerman and Lisa Klerman
University of Southern California Gould School of Law and USC Gould School of Law
Downloads 1 (792,527)
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31.

Reading, Writing, and Questions in Advance: Teaching English Legal History

53 American Journal of Legal History 466 (2013), USC Law Legal Studies Paper No. 13-9
Number of pages: 5 Posted: 03 May 2013 Last Revised: 17 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 140 (245,000)

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32.

Rethinking Personal Jurisdiction

6 J. of Legal Analysis 245 (2014), USC CLASS Research Paper No. 14-14, USC Law Legal Studies Paper No. 14-15
Number of pages: 54 Posted: 09 Apr 2014 Last Revised: 05 Jan 2016
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 122 (272,353)

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jurisdiction, personal jurisdiction, bias, purposeful availment, litigation costs

33.

Litigation and Selection with Correlated Two-Sided Incomplete Information

Number of pages: 63 Posted: 08 Mar 2017 Last Revised: 01 Sep 2019
Daniel M. Klerman, Yoon-Ho Alex Lee and Lawrence Liu
University of Southern California Gould School of Law, Northwestern Pritzker School of Law and University of Southern California - Department of Physics and Astronomy
Downloads 89 (336,749)
Citation 4

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Law and Economics; Litigation; Settlement; Selection; Bargaining; Incomplete Information; Asymmetric Information; Priest-Klein; Divergent Expectations; Chatterjee-Samuelson; signaling; screening

34.

Posner and Class Actions

University of Chicago Law Review, 2019 Forthcoming, USC CLASS Research Paper Series No. CLASS19-1, USC Law Legal Studies Paper No. 19-1
Number of pages: 15 Posted: 03 Jan 2019 Last Revised: 09 Jan 2019
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 76 (369,881)

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class action, Posner, agency costs, economic analysis, FRCP

35.

Forum Selling and Domain-Name Disputes

Loyola University Chicago Law Journal, Forthcoming, USC CLASS Research Papers Series No. CLASS16-22, USC Legal Studies Research Papers Series No. 16-24
Number of pages: 17 Posted: 03 Aug 2016
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 72 (381,225)

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36.

Takings, Fiscal Illusion, and the Median Voter

Forthcoming in 173 Journal of Institutional and Theoretical Economics (JITE), 173(1) (2017), USC CLASS Research Papers Series No. CLASS16-21, USC Legal Studies Research Papers Series No. 16-23
Number of pages: 6 Posted: 03 Aug 2016
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 63 (409,244)

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37.

Walden v. Fiore and the Federal Courts: Rethinking FRCP 4(k)(1)(A) and Stafford v. Briggs

19 Lewis & Clark Law Review 713 (2015), USC CLASS Research Paper No. 15-7, USC Law Legal Studies Paper No. 15-7
Number of pages: 9 Posted: 24 Feb 2015 Last Revised: 05 Jan 2016
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 59 (422,642)

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jurisdiction, venue, federal courts, federal question, Bivens, Due Process

38.

An Economic Analysis of Subject Matter Jurisdiction Waiver: A Response to Professor Buehler

89 Washington Law Review Online 1 (2014), USC CLASS Research Paper No. 14-29, USC Law Legal Studies Paper No. 14-37
Number of pages: 10 Posted: 27 Aug 2014 Last Revised: 17 Dec 2014
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 54 (440,453)

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jurisdiction, subject matter jurisdiction, waiver, federal courts

39.

Settlement Around the World: Settlement Rates in the Largest Economies

USC CLASS Research Paper No. CLASS21-8, USC Law Legal Studies Paper No. 21-8
Number of pages: 108 Posted: 26 Feb 2021 Last Revised: 18 Mar 2021
Yun-chien Chang and Daniel M. Klerman
Academia Sinica - Institutum Iurisprudentiae (IIAS) and University of Southern California Gould School of Law
Downloads 40 (497,878)

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settlement, dispute resolution, legal origin, fee shifting, delay, comparative law, selection, culture

40.

The Selection of 13th‐Century Disputes for Litigation

Journal of Empirical Legal Studies, Vol. 9, Issue 2, pp. 320-346, 2012
Number of pages: 27 Posted: 09 May 2012
Daniel M. Klerman
University of Southern California Gould School of Law
Downloads 3 (734,665)
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41.

Settlement and the Decline of Private Prosecution in Thirteenth-Century England

Posted: 12 Aug 1999
Daniel M. Klerman
University of Southern California Gould School of Law

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42.

Settling Multidefendant Lawsuits: The Advantage of Conditional Setoff Rules

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Settling Multidefendant Lawsuits: The Advantage of Conditional Setoff Rules

Posted: 03 Jul 1998
Daniel M. Klerman
University of Southern California Gould School of Law

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Settling Multidefendant Lawsuits: The Advantage of Conditional Setoff Rules

Posted: 13 Oct 2000
Daniel M. Klerman
University of Southern California Gould School of Law

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