Honors Program Theses


Open Access Honors Program Thesis

First Advisor

Ken McCormick


Decisions made by litigants often do not reflect those most beneficial to society. A rule goveming fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed by economic theory and empirical evidence, while considering possible limitations of the rule. A carefully applied system of loser-pays may positively affect the U.S. legal system.

Year of Submission



Department of Economics

University Honors Designation

A thesis submitted in partial fulfillment of the requirements for the designation University Honors


The focus of this Honors Program thesis is related to an article by the same author in the journal Major Themes in Economics.

If you are the rightful copyright holder of this thesis and wish to have it removed from the Open Access Collection, please submit a request to scholarworks@uni.edu and include clear identification of the work, preferably with URL.

Date Original


Object Description

1 PDF file (21 pages)