A. Mitchell Polinsky, Does the English Rule Discourage Low-Probability-of-Prevailing Plaintiffs, 27 J. Legal Stud. 141 (1998)
Evaluates whether the English rule of fee allocation (in which the loser pays the winner's litigation costs) discourages suits by low-probability-of-prevailing plaintiffs. Comparison with the American rule (in which each side bears its own costs); Settlement process; Asymmetric-information model of litigation.