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be exploited by the opponent to build its own argumentation. In this paper we present a litigation success function (LSF …
Persistent link: https://www.econbiz.de/10011212784
law and economics to offer a novel organizational perspective on litigation and private dispute resolution, and develop … hypotheses about the likelihood of litigation in different exchange settings. Our empirical analysis generates three sets of new … end of an exchange relationship, as firms frequently manage to avoid litigation and resolve their disputes privately, and …
Persistent link: https://www.econbiz.de/10011259801
randomization through litigation. We contrast the rate of technological progress under the optimal allocation with the outcome if …
Persistent link: https://www.econbiz.de/10009647199
relevant background material. We finally study how to design the rules so as to enhance the role of private litigation on …
Persistent link: https://www.econbiz.de/10009368140
For contemporary legal theory, law is essentially an interpretative and hermeneutic practice (Ackerman (1991), Horwitz (1992)). A straightforward consequence is that legal disputes between parties are motivated by their divergent interpretations regarding what law says on their case. This point...
Persistent link: https://www.econbiz.de/10005837401
For psychologists, bounded rationality reflects the presence of cognitive dissonance and/or inconsistency, revealing that people use heuristics (Tversky and Kahneman (1974)) rather than sophisticated processes for the assessment of their beliefs. Recent research analyzing litigations and...
Persistent link: https://www.econbiz.de/10008536047
Since January 1, 2005, the Dutch tax litigation comprises an appeals court. Before 2005, it had but one court of …
Persistent link: https://www.econbiz.de/10005619699
This paper introduces a model of litigation in a growth framework. Investors use litigation to enforce their financial …
Persistent link: https://www.econbiz.de/10008765075
twofold: First, it establishes a workhorse model of settlement and litigation in the shadow of appeals which may be used in … future research to analyze specific issues of litigation and legal reform. Second, the importance of including the … possibility of appeals in the litigation model is highlighted by an example in which some results contradict the immediate …
Persistent link: https://www.econbiz.de/10011110939
We experimentally study the effects of the split-award tort reform, where the state takes a share of the plaintiff's punitive damage award, on litigants' beliefs and bargaining outcomes. In addition, we study the formation of litigants' beliefs in a strategic environment. Our results provide...
Persistent link: https://www.econbiz.de/10005623433