In several landmark cases, the European Court of Justice has ruled that member states of the European Union are liable for damages caused by an infringement of European Law if the violation is sufficiently serious. This article analyses the incentive effects of liability rules on member states...

Physicians choose capacity before demand materializes; actual demand may be higher or lower than capacity. If a physician's capacity exceeds demand, she may have an incentive to overtreat, i.e., she may provide unnecessary treatments to use up idle capacity. By contrast, with excess demand she...

Witnesses often gain by slanting testimony. Courts try to elicit the truth with perjury rules. Perjury is not truth-revealing; truth revelation is, however, possible. With a truth-revealing mechanism the judge will get little testimony because the defendant will not present witnesses with...

A safe and risky seller serve a market. While the expensive safe seller can solve the problems of all consumers, the cheap risky seller can help a consumer only with a certain probability. The risky seller's success probabilities are distributed across consumers; by the choice of her quality the...

In trials witnesses often slant their testimony in order to advance their own interests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truthrevealing mechanism. Moreover, we develop a...