And such loans do not encourage frivolous litigation, because lenders screen out claims that are unlikely to result in recoveries.

Building a process that encourages cooperation rather than litigation (like that spawned by the broken Superfund program) will result in better environmental protection.

In addition, opponents say the expansion of penalties for willful discrimination would encourage expensive litigation.

They fret that the settlement will encourage litigation overseas or encourage foreign governments to attack smoking more strongly.

That approach is widely said to produce unrealistic cleanup goals, increase costs, encourage litigation and prevent urban development on formerly polluted sites.

The bill would also increase the damages that could be awarded in discrimination suits, a action that the Administration says would encourage such litigation.

Epstein views market incentives against discrimination as sufficient to regulate the acknowledged evil, and attempting to give everyone a court hearing only encourages excessive litigation.

They have also said that the bill would encourage litigation against corporations that provide domestic-partner benefits, even though it does not explicitly prohibit such benefits.

Critics say the bill is so sweeping that it will encourage litigation against colleges and businesses that provide domestic partner benefits.

Under the Sherman Act 1890 7, these may be trebled, a measure to encourage private litigation to enforce the laws and act as a deterrent.