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Punitive damage awards have been widely criticized for generating a plaintiff’s windfall (i.e., a payment in excess of the costs of pursuing the punitive claim), which promotes unnecessary litigation, the escalation of liability insurance premiums and over-deterrence. In an attempt to...
Persistent link: https://www.econbiz.de/10005063694
Punitive damage awards have been widely criticized for their unpredictability (2004 Economic Report of the President) and for generating a plaintiff’s windfall (i.e., a payment in excess of the costs of pursuing the punitive claim), which promotes unnecessary litigation (Dodson, 2000),...
Persistent link: https://www.econbiz.de/10005699597
In an attempt to reduce the liability insurance costs of firms, several US states have implemented many different kinds of tort reform. Some reforms take the form of caps or limits on punitive damage awards while others have mandated that a proportion of the award be allocated to the plaintiff...
Persistent link: https://www.econbiz.de/10005699599
In an attempt to reduce the liability insurance costs of firms, several US states have implemented many different kinds of tort reform. Some reforms take the form of caps or limits on punitive damage awards while others, called “split-awardsâ€, have mandated that a proportion of the...
Persistent link: https://www.econbiz.de/10005702607
We study a model of civil dispute with delegation in which a plaintiff's lawyer works on a contingent fee basis but a defendant's lawyer on an hourly fee basis. We first derive the conditions under which delegation to the lawyers brings both the plaintiff and defendant more payoffs, compared to...
Persistent link: https://www.econbiz.de/10005342327
We consider a model of bargaining by concessions where agents can terminate negotiations by accepting the settlement of an arbitrator. The impact of pragmatic arbitrators -that enforce concessions that precede their appointment - is compared with that of arbitrators that act on principle -...
Persistent link: https://www.econbiz.de/10005170253
One type of regulation that has recently started to attract the attention of policymakers regarding artisanal fisheries is that of Territorial Use Rights (commonly known as TURFs in the literature). TURFs basically consist in the allocation of fishing rights to individuals and/or groups to fish...
Persistent link: https://www.econbiz.de/10005063544
We analyze the compliance behavior of the small-scale fishery boat-owners of the Galapagos Marine Reserve. Our empirical analysis considers aspects related to the participatory management system of the reserve as determinant factors of the decision to violate the regulations. The econometric...
Persistent link: https://www.econbiz.de/10005063572
It is a well-established fact that corruption is a widespread phenomenon. An important aspect of corruption is that two parties act jointly in order to further their own interests at the expense of a third party. The response of the third party has a significant impact on the persistence of...
Persistent link: https://www.econbiz.de/10005702531
This paper analyzes the influence of domestic political considerations by disputing governments on the WTO enforcement outcome, following a violation ruling against the defendant. Since a different mix of import or export sectors in the disputing countries will benefit from the alternative...
Persistent link: https://www.econbiz.de/10005702556