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In this paper, we illustrate how different behavioral problems can be incorporated into the standard economic model of tort law. Through this exercise, we develop a modeling language that can be utilized by law and economic scholars when considering the effect of behavioral biases and cognitive...
Persistent link: https://www.econbiz.de/10014164449
In a dispute involving multifarious points of disagreement, courts have the discretion to adjudicate issues separately in multiple, sequential proceedings or all-at-once in a single unitary proceeding. In this paper, we contrast the effects of sequential and unitary trials on parties' decisions...
Persistent link: https://www.econbiz.de/10013101243
In the United States, the 1970 Supreme Court decision Williams v. Florida 399 U.S. 78 (1970) reduced from twelve to six the minimum number of jurors required under the Sixth and Fourteenth Amendments. In the hope of improving the legal process with faster deliberation and fewer mistrials, eleven...
Persistent link: https://www.econbiz.de/10013112863
Litigation aims at resolving conflicts. In this chapter we survey the law and economics literature on litigation to illustrate the scope of application of rent-seeking models and their analytical power in the study of law and procedural issues of litigation, including applications in adversarial...
Persistent link: https://www.econbiz.de/10013086119