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Litigation Migrants
Author(s) -
Alexander Charlotte S.
Publication year - 2019
Publication title -
american business law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.248
H-Index - 23
eISSN - 1744-1714
pISSN - 0002-7766
DOI - 10.1111/ablj.12138
Subject(s) - plaintiff , boom , bust , enforcement , business , wage , empirical research , law , economics , law and economics , labour economics , political science , engineering , philosophy , epistemology , environmental engineering
Civil law is enforced primarily via private litigation. One characteristic of private enforcement is that litigation levels tend to cycle between periods of boom and bust. This article builds a theory for explaining this fluctuation, proposing that plaintiffs’ attorneys can be understood as economic migrants. Just as workers cross borders to find jobs, lawyers “move” across case types and jurisdictions to find profitable claims, and case filing numbers increase as a result. Using the recent wage and hour litigation boom as a case study, this article paints an empirical picture of attorney migration and its influence on case filing numbers.