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Third-Party Opportunism and the Nature of Public Contracts
Moszoro, Marian W. - 2012
The lack of flexibility in public procurement design and implementation reflects public agents' political risk adaptation to limit hazards from opportunistic third parties - political opponents, competitors, interest groups - while externalizing the associated adaptation costs to the public at...
Persistent link: https://www.econbiz.de/10013096138
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Costly Litigation and Optimal Damages
Polinsky, A. Mitchell - 2012
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/10013096854
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When to Start a Fight and When to Fight Back : Liability Disputes in the Workers' Compensation System
Card, David - 2010
Despite the adoption of no-fault Workers' Compensation legislation in most states, there is substantial litigation over …
Persistent link: https://www.econbiz.de/10012761791
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Trial and Settlement : A Study of High-Low Agreements
Prescott, J.J. - 2014
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/10013057416
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A Note on Optimal Public Enforcement with Settlements and Litigation Costs
Polinsky, A. Mitchell; Rubinfeld, Daniel L. - 2021
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is prosecuted at trial, and when an out-of-court settlement is possible. Using a numerical example, it is shown that settlements and litigation costs can substantially alter the...
Persistent link: https://www.econbiz.de/10013233764
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Negative Expected Value Suits
Bebchuk, Lucian A. - 2021
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/10013240952
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The Effect of offer-of-Settlement Rules on the Terms of Settlement
Bebchuk, Lucian A.; Chang, Howard F. - 2022
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/10013324061
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Committee Jurisdiction, Congressional Behavior and Policy Outcomes
de Figueiredo, John M. - 2011
empirically investigate these results examining proposed Internet intellectual property protection legislation in the 106th …
Persistent link: https://www.econbiz.de/10013123305
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Legislating Stock Prices
Cohen, Lauren - 2012
In this paper we demonstrate that legislation has a simple, yet previously undetected impact on firm stock prices … firms any given piece of legislation will affect, and how it will affect them. By observing the actions of legislators whose … constituents are the affected firms, we can gather insights into the likely impact of government legislation on firms. Specifically …
Persistent link: https://www.econbiz.de/10013102187
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The Trouble with Cases
Schauer, Frederick - 2010
For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, environmental, and other litigation has functioned as an alternative form of regulation, the debate asks whether policy-making or regulation by litigation is more or less socially...
Persistent link: https://www.econbiz.de/10013151132