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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
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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
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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
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Information and Externalities in Sequential Litigation
Hua, Xinyu; Spier, Kathryn E. - 2021
The information created and disseminated through the litigation process can have social value. Suppose a long-lived plaintiff is suing a defendant for damages sustained in an accident. The plaintiff may suffer similar damages in future accidents involving different defendants. Potential injurers...
Persistent link: https://www.econbiz.de/10013226203
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Suit and Settlement vs. Trial : A Theoretical Analysis Under Alternative Methods for the Allocation of Legal Costs
Shavell, Steven - 2021
Will a party who believes that he has a legally admissible claim for money damages decide to bring suit? if so, will he subsequently settle with the opposing party or will he go ahead to trial? These questions are analyzed under four methods for allocating legal costs, namely, under the American...
Persistent link: https://www.econbiz.de/10013231599
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The Rationale for Motions in the Design of Adjudication
Shavell, Steven - 2018
The conduct of adjudication is often influenced by motions––requests made by litigants to modify the course of adjudication. The question studied in this article is why adjudication is designed so as to permit the use of motions. The answer developed is that litigants will naturally know a...
Persistent link: https://www.econbiz.de/10012916625
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The Welfare Implications of Costly Litigation in the Theory of Liability
Polinsky, A. Mitchell; Rubinfeld, Daniel L. - 2022
One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of …
Persistent link: https://www.econbiz.de/10013309589
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Resolving Nuisance Disputes : The Simple Economics of Injunctive and Damage Remedies
Polinsky, A. Mitchell - 2021
In nuisance-type cases, legal commentators generally recommend -- and the courts seem to increasingly use -- the award of damages rather than the granting of an injunction of the harmed party. This essay compares the economic consequences of injunctive and damage remedies under a variety of...
Persistent link: https://www.econbiz.de/10013234407
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On the Optimal Burden of Proof
Kaplow, Louis - 2015
The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...
Persistent link: https://www.econbiz.de/10013037306
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Empirical Study of the Civil Justice System
Kessler, Daniel P.; Rubinfeld, Daniel L. - 2021
In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law- contracts, torts, and property- and research on the effects of the litigation process. We begin with a review of studies of...
Persistent link: https://www.econbiz.de/10013249376