Question: 1. University of Chicago law professor Richard Epstein pointed out how quickly Americans turn to legal remedies rather than relying on informal social customs (negotiation, neighborhood groups, simply accepting small losses and disturbances rather than fighting about them) to resolve conflicts. In your view, why are social customs often ineffective in settling disputes in this country? Explain.
2. Judicial reform advocates often argue that the United States should adopt the English rule providing that the losing party in a lawsuit must pay the reasonable litigation expenses of the winner.
a. In brief, what are the strengths and weaknesses of the English rule?
b. Would you favor it? Explain. See "Loser Pays, Everyone Wins," The Wall Street Journal, December 15, 2010.