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The Government as Litigant : Further Tests of the Case Selection Model
Eisenberg, Theodore - 1999
We develop a model of the plaintiff's decision to file a law suit that has implications for how differences between the federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of...
Persistent link: https://www.econbiz.de/10012471488
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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 …
Persistent link: https://www.econbiz.de/10012476955
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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 …
Persistent link: https://www.econbiz.de/10012477242
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Suit and Settlement vs. Trial : A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs
Shavell, Steven - 1981
Will a party who believes that he has a legally admissible claim for money damages decide to bring suit? if so, will he subsequently settle with the opposing party or will he go ahead to trial? These questions are analyzed under four methods for allocating legal costs, namely, under the American...
Persistent link: https://www.econbiz.de/10012478459
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Information and Externalities in Sequential Litigation
Hua, Xinyu - 2004
The information created and disseminated through the litigation process can have social value. Suppose a long-lived plaintiff is suing a defendant for damages sustained in an accident. The plaintiff may suffer similar damages in future accidents involving different defendants. Potential injurers...
Persistent link: https://www.econbiz.de/10012467744
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Economic Analysis of Litigation and the Legal Process
Shavell, Steven - 2003
Economic Analysis of Law (Harvard University Press, 2003). In chapter 17, I consider the basic theory of litigation. Here I … chapter 18, I extend the basic theory of litigation, examining among other issues the bringing of negative value suits …, in chapter 19, I discuss several general aspects of the legal process not considered in the basic theory and its …
Persistent link: https://www.econbiz.de/10012469001
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The Allocation of Resources by Interest Groups : Lobbying, Litigation and Administrative Regulation
de Figueiredo, John M. - 2002
One of the central concerns about American policy-making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal is extensive, there is...
Persistent link: https://www.econbiz.de/10012469733
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Reconciling Asymmetric Information and Divergent Expectations Theories of Litigation
Waldfogel, Joel - 1998
Both asymmetric information (AI) and divergent expectations (DE) theories offer possible explanations of the litigation puzzle. Under DE, cases proceed to trial when, by chance, the plaintiff is more optimistic than the defendant. As the fraction of cases tried (T) declines, this leads to a...
Persistent link: https://www.econbiz.de/10012472399
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The Enforcement of Intellectual Property Rights : A Survey of the Empirical Literature
Lanjouw, Jean O. - 1997
This paper examines several recent avenues of empirical research into the enforcement of" intellectual property rights. To frame these issues, we start with a stylized model of the patent" litigation process. The bulk of the paper is devoted to linking the empirical literature on patent"...
Persistent link: https://www.econbiz.de/10012472517
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The Litigious Plaintiff Hypothesis : Case Selection and Resolution
Eisenberg, Theodore - 1996
results that are generally consistent with the theory. Lawsuits where the plaintiff is an individual are found to have higher …
Persistent link: https://www.econbiz.de/10012473193