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A Note on Optimal Public Enforcement with Settlements and Litigation Costs
Polinsky, A. Mitchell - 1986
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
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Accidental Death and the Rule of Joint and Several Liability
Carvell, Daniel - 2009
Reforms to the Joint and Several Liability rule (JSL) are one of the most common tort reforms and have been implemented …
Persistent link: https://www.econbiz.de/10012463237
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Consent and Exchange
Bar-Gill, Oren - 2007
In some cases, the law permits a party that unilaterally provides a benefit to another party to recover the estimated value of this benefit. Despite calls for expanding the set of cases to which such a restitution rule applies, the law commonly applies a mutual consent rule under which a party...
Persistent link: https://www.econbiz.de/10012465384
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First Do No Harm? : Tort Reform and Birth Outcomes
Currie, Janet - 2006
We examine the impact of tort reforms using U.S. birth records for 1989-2001. We make four contributions: First, we develop a model that analyzes the incentives created by specific tort reforms. Second, we assemble new data on tort reform. Third, we examine a range of outcomes. Finally, we allow...
Persistent link: https://www.econbiz.de/10012466186
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Courts : the Lex Mundi Project
Djankov, Simeon - 2002
In cooperation with Lex Mundi member law firms in 109 countries, we measure and describe the exact procedures used by litigants and courts to evict a tenant for non-payment of rent and to collect a bounced check. We use these data to construct an index of procedural formalism of dispute...
Persistent link: https://www.econbiz.de/10012469824
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Enforcing Intellectual Property Rights
Lanjouw, Jean Olson - 2001
We study the determinants of patent suits and their outcomes over the period 1978-1999 by linking detailed information from the U.S. patent office, the federal court system, and industry sources. The probability of being involved in a suit is very heterogeneous, being much higher for valuable...
Persistent link: https://www.econbiz.de/10012470059
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The Rise of the Regulatory State
Glaeser, Edward L. - 2001
During the Progressive Era at the beginning of the 20th century, the United States replaced litigation by regulation as the principal mechanism of social control of business. To explain why this happened, we present a model of choice of law enforcement strategy between litigation and regulation...
Persistent link: https://www.econbiz.de/10012470065
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The Welfare Implications of Costly Litigation in the Theory of Liability
Polinsky, A. Mitchell - 1986
One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of … strict liability with compensatory damages leads the injurer to choose the socially appropriate level of care. This paper … reexamines this result when litigation is costly. It is shown that strict liability with compensatory damages generally leads to …
Persistent link: https://www.econbiz.de/10012477242
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The Litigious Plaintiff Hypothesis : Case Selection and Resolution
Eisenberg, Theodore - 1996
A central feature of the litigation process that affects case outcomes is the selection of cases for litigation. In this study, we present a theoretical framework for understanding the operation of this suit selection process and its relationship to the underlying distribution of potential...
Persistent link: https://www.econbiz.de/10012473193
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Decoupling Liability : Optimal Incentives for Care and Litigation
Polinsky, A. Mitchell - 1991
A "decoupled" liability system is one in which the award to the plaintiff differs from the payment by the defendant …
Persistent link: https://www.econbiz.de/10012475381