Underclaiming and Overclaiming

What is it about?

Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. This paper identifies the basic conceptual structure of such underclaiming and overclaiming arguments and surveys the available methods for estimating claim merit.

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