class actions, disabled rights, copyright, attorneys general, online speech, law schools, obesity, New York, mortgages, legal blogs, safety, CPSC, pharmaceuticals, patent trolls, ADA filing mills, international human rights, humor, hate speech, illegal drugs, immigration law, cellphones, international law, real estate, bar associations, Environmental Protection Agency, First Amendment, insurance fraud, slip and fall, smoking bans, emergency medicine, regulation and its reform, dramshop statutes, hotels, web accessibility, United Nations, Alien Tort Claims Act, lobbyists, pools, school discipline, Voting Rights Act, legal services programs


Loser-Pays: Where Next?

Walter Olson and David Bernstein, 55 Md. L. Rev. 1161 (1996).

The "loser-pays" principle serves a variety of compelling moral and practical objectives, including curbing speculative litigation and compensating those victimized by it. Alaska has followed such a rule since territorial days, and several other states have experimented with it in recent years. At the federal level, as part of the GOP "Contract with America", the U.S. House of Representatives in 1995 passed a (seriously flawed) loser-pays measure which then went nowhere in the Senate. Most of the rest of the world follows the rule, and itís time we did the same.

Loser Pays



Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.