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INTRODUCTION "Fee shifting" refers to the rules for deciding which party to a lawsuit will pay for the attorney fee costs of the suit.' The literature on fee shifting is extensive, and virtually every page of it contains statements or predictions concerning the effects of one fee system or another on the economic behavior of litigants or classes of litigants. 2 Most of these statements are based on intuitive reasoning; with few exceptions, 3 the literature does not contain logically rigorousdoi:10.2307/1191439 fatcat:qjnlvcd5yncgxhdgu7y67zwuye