Narrow search
Showing 1 - 10 of 6,341
Cover Image
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 …
Persistent link: https://www.econbiz.de/10013233764
Cover Image
Courts : The Lex Mundi Project
Djankov, Simeon; La Porta, Rafael; Lopez de Silanes, … - 2021
In cooperation with Lex Mundi member law firms in 109 countries, we measure and describe the exact procedures used by litigants and courts to evict a tenant for non-payment of rent and to collect a bounced check. We use these data to construct an index of procedural formalism of dispute...
Persistent link: https://www.econbiz.de/10013232885
Cover Image
Enforcing Intellectual Property Rights
Lanjouw, Jean O.; Schankerman, Mark A. - 2021
We study the determinants of patent suits and their outcomes over the period 1978-1999 by linking detailed information from the U.S. patent office, the federal court system, and industry sources. The probability of being involved in a suit is very heterogeneous, being much higher for valuable...
Persistent link: https://www.econbiz.de/10013245302
Cover Image
The Rise of the Regulatory State
Glaeser, Edward L.; Shleifer, Andrei - 2021
During the Progressive Era at the beginning of the 20th century, the United States replaced litigation by regulation as the principal mechanism of social control of business. To explain why this happened, we present a model of choice of law enforcement strategy between litigation and regulation...
Persistent link: https://www.econbiz.de/10013246364
Cover Image
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
Cover Image
Are Settlements in Patent Litigation Collusive? Evidence from Paragraph IV Challenges
Helland, Eric - 2016
The use of “pay-for-delay” settlements in patent litigation – in which a branded manufacturer and generic entrant settle a Paragraph IV patent challenge and agree to forestall entry – has come under considerable scrutiny in recent years. Critics argue that these settlements are collusive...
Persistent link: https://www.econbiz.de/10012993248
Cover Image
Reconciling Asymmetric Information and Divergent Expectations Theories of Litigation
Waldfogel, Joel - 2021
Both asymmetric information (AI) and divergent expectations (DE) theories offer possible explanations of the litigation puzzle. Under DE, cases proceed to trial when, by chance, the plaintiff is more optimistic than the defendant. As the fraction of cases tried (T) declines, this leads to a...
Persistent link: https://www.econbiz.de/10013220528
Cover Image
Economic Analysis of Litigation and the Legal Process
Shavell, Steven - 2021
Economic Analysis of Law (Harvard University Press, 2003). In chapter 17, I consider the basic theory of litigation. Here I … chapter 18, I extend the basic theory of litigation, examining among other issues the bringing of negative value suits …, in chapter 19, I discuss several general aspects of the legal process not considered in the basic theory and its …
Persistent link: https://www.econbiz.de/10013221080
Cover Image
The Government as Litigant : Further Tests of the Case Selection Model
Eisenberg, Theodore; Farber, Henry S. - 2021
We develop a model of the plaintiff's decision to file a law suit that has implications for how differences between the federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of...
Persistent link: https://www.econbiz.de/10013224180
Cover Image
The Litigious Plaintiff Hypothesis : Case Selection and Resolution
Eisenberg, Theodore; Farber, Henry S. - 2021
results that are generally consistent with the theory. Lawsuits where the plaintiff is an individual are found to have higher …
Persistent link: https://www.econbiz.de/10013224186