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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 …
Persistent link: https://www.econbiz.de/10013233764
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An Analysis of the Selection of Arbitrators
Bloom, David E. - 2007
This paper analyses data on union and employer rankings of different panels of arbitrators in an actual arbitration …
Persistent link: https://www.econbiz.de/10012777180
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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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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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Empirical Models of Arbitrator Behavior Under Conventional Arbitration
Bloom, David E. - 2022
about the extent to which conventional arbitration decisions are fashioned as mechanical compromises of the parties' final … in the arbitration decisions, this evidence of mechanical compromise behavior should be viewed as characterizing the … overall operation of conventional arbitration mechanisms and not the behavior of individual arbitrators in any particular case …
Persistent link: https://www.econbiz.de/10013308630
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Participation and Duration of Environmental Agreements
Battaglini, Marco - 2012
incomplete. Since real-world IEAs fit in the incomplete contracting environment, our theory may help explaining the rising …
Persistent link: https://www.econbiz.de/10013096862
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Private Politics and Public Regulation
Egorov, Georgy - 2013
We develop a dynamic game to explore the interaction between regulation and private policies, such as self-regulation by firms and activism. Without a public regulator, the possibility of self-regulation is bad for the firm, but good for activists who are willing to maintain a costly boycott to...
Persistent link: https://www.econbiz.de/10013071787
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Guns, Latrines, and Land Reform : Private Expectations and Public Policy
Kremer, Michael - 2016
Dynamically and statically optimal Pigouvian subsidies on durables will differ in a growing economy. For durables with positive externalities, such as sanitation, statically optimal subsidies will typically grow. However, in a dynamic game, governments can most cheaply induce optimal purchasing...
Persistent link: https://www.econbiz.de/10013000512