Access to evidence in private international law
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Francesco Parisi
Abstract
This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology (i.e., ex ante investments that increase the quantity and quality of evidence in case an accident occurs). This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as a procedural matter preserves the complementarity of incentives created by the burden of proof and evidentiary rules. Conversely, treating the burden of proof as a substantive matter creates a mismatch in incentives created by the burden of proof and evidentiary rules.
© 2022 by Theoretical Inquiries in Law
Artikel in diesem Heft
- Frontmatter
- Introduction
- Delaware’s copycat: Can delaware corporate law be emulated?
- The unexpected effects of israeli courts’ approach to dual-listed companies
- Access to evidence in private international law
- Recognition and enforcement of foreign judgments in American courts and the limits of the law market model
- Enforcement of foreign judgments, systemic calibration, and the global law market
- Whose law is it anyway? The case of matrimonial property in Israel
- The puzzle and persistence of biglaw clustering
- The transformation of the art market: Law, norms, and institutions
Artikel in diesem Heft
- Frontmatter
- Introduction
- Delaware’s copycat: Can delaware corporate law be emulated?
- The unexpected effects of israeli courts’ approach to dual-listed companies
- Access to evidence in private international law
- Recognition and enforcement of foreign judgments in American courts and the limits of the law market model
- Enforcement of foreign judgments, systemic calibration, and the global law market
- Whose law is it anyway? The case of matrimonial property in Israel
- The puzzle and persistence of biglaw clustering
- The transformation of the art market: Law, norms, and institutions
