Showing 1 - 10 of 7,111
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
This paper presents the first systematic theoretical and empirical study of high-low agreements in civil litigation. A high-low agreement is a private contract that, if signed by litigants before the conclusion of a trial, constrains any plaintiff recovery to a specified range. Whereas existing...
Persistent link: https://www.econbiz.de/10012458716
I then develop a theory to explain the principles of discipline as functional for parents. The kernel of the theory is …After elaborating the theory, I comment on several related issues, including the possible influence of childhood …
Persistent link: https://www.econbiz.de/10014248008
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
Under an offer of settlement' rule, a party to a lawsuit may make a special offer to settle with the other party, such that if the other party rejects this offer, then this offer (unlike an ordinary offer) becomes part of the record in the case and may affect the allocation of litigation costs....
Persistent link: https://www.econbiz.de/10012471084
When the cost of a suit exceeds the expected judgment, will a potential plaintiff be able to extract any amount in settlement from the defendant? If so, what is the source of the plaintiff's ability to extract a settlement? This essay discusses existing theories as to why (and when) plaintiffs...
Persistent link: https://www.econbiz.de/10012472331
A basic principle of law is that damages paid by a liable party should equal the harm caused by that party. However, this principle is not correct when account is taken of litigation costs, because they too are part of the social costs associated with an injury. In this article we examine the...
Persistent link: https://www.econbiz.de/10012460067
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
inflation rate each period in a discretionary manner. One way to view the model is as a synthesis of the "tax-smoothing" theory …
Persistent link: https://www.econbiz.de/10012476187
The foundations of incomplete contracts have been questioned using or extending the subgame perfect implementation approach of Moore and Repullo (1988). We consider the robustness of subgame perfect implementation to the introduction of small amounts of asymmetric information. We show that...
Persistent link: https://www.econbiz.de/10012463482