A. Mitchell Polinsky and Daniel L. Rubinfeld,
Does the English Rule Discourage Low-Probability-of-Prevailing Plaintiffs, 27
J. Legal Stud.
Available at: http://scholarship.law.berkeley.edu/facpubs/622
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.