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The goal of this paper is to explore the possibility that the costs and benefits of legal representation are structured so that each individual party seeks legal representation in the hope of exploiting the other party, while knowing full well that failing to do so will open up the possibility...
Persistent link: https://www.econbiz.de/10012474499
in wage disputes that were settled by final-offer arbitration in New Jersey. The paper also reports briefly on similar … agreeing not to hire lawyers is cheaper and does not appear to alter arbitration outcomes …
Persistent link: https://www.econbiz.de/10012459828
Discretionary policymaking can foster strategic complementarities between private sector decisions, thus leading to multiple equilibria. This article studies a simple example, originating with Kydland and Prescott, of a government which must decide whether to build a dam to prevent adverse...
Persistent link: https://www.econbiz.de/10012466593
Social distancing via shelter-in-place strategies, and wearing masks, have emerged as the most effective non-pharmaceutical ways of combatting COVID-19. In the United States, choices about these policies are made by individual states. We develop a game-theoretic model and then test it...
Persistent link: https://www.econbiz.de/10012496132
about the extent to which conventional arbitration decisions are fashioned as mechanical compromises of the parties' final … in the arbitration decisions, this evidence of mechanical compromise behavior should be viewed as characterizing the … overall operation of conventional arbitration mechanisms and not the behavior of individual arbitrators in any particular case …
Persistent link: https://www.econbiz.de/10012477235
Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program's already high litigation costs. Recent theoretical research by Kornhauser and...
Persistent link: https://www.econbiz.de/10012471702
The emerging empirical literature on the economics of arbitration has focused primarily on the behavior of arbitrators … under alternative forms of arbitration. This article suggests that it is natural for empirical economists to now expand … behavior are discussed: (1) the decision to settle a dispute voluntarily or to proceed to arbitration; (2) the strategy for …
Persistent link: https://www.econbiz.de/10012476858
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is prosecuted at trial, and when an out-of-court settlement is possible. Using a numerical example, it is shown that settlements and litigation costs can substantially alter the...
Persistent link: https://www.econbiz.de/10012476955
This paper analyses data on union and employer rankings of different panels of arbitrators in an actual arbitration …
Persistent link: https://www.econbiz.de/10012477134
arbitration. We document how the selection process impacts arbitration outcomes by studying roughly 9,000 consumer arbitration … cases in the securities industry. Securities disputes present a good laboratory: arbitration is mandatory for all disputes … only if chosen; and the selection mechanism is similar to other major arbitration forums. We document three facts. First …
Persistent link: https://www.econbiz.de/10012480802