J. Mark Ramseyer & Eric B. Rasmusen, Are Americans More Litigious? Some Quantitative Evidence, in The American Illness: Essays on the Rule of Law 69 (F. H.Buckley ed., 2013).
Abstract: Many observers suggest that American citizens sue more readily than citizens elsewhere, and that American judges shape society more powerfully than judges elsewhere. We examine the problems involved in exploring these questions quantitatively. The data themselves indicate that American law’s notoriety does not result from how we handle routine disputes. Instead, it results from the peculiar and dysfunctional way American courts handle particular legal doctrines like class actions.