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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
' beliefs about fairness and lower out-of-court settlement amounts. …
Persistent link: https://www.econbiz.de/10005623433
Parties engaged in a litigation generally enter the discovery process with different informations regarding their case …
Persistent link: https://www.econbiz.de/10005789789
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
This paper examines uberrimae fidei (utmost good faith) with adverse selection in an insurance market. If consumers … the (equitable) non-strict enforcement (judicial ruling) of contracts of insurance can be efficiency enhancing as it can …
Persistent link: https://www.econbiz.de/10005619644
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
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
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
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