Similar Search Results

Deterrence vs Judicial Error: A Comparative View of Standards of Proof

Demougin, Dominique; Fluet, Claude - Centre Interuniversitaire de Recherche en Analyse des … - 2004

We argue that the common law standard of proof, given the rules of evidence, does not minimize expected error as usually argued in the legal literature, but may well be efficient from the standpoint of providing maximal incentives for socially desirable behavior. By contrast, civil law's higher...

Persistent link: https://www.econbiz.de/10005101073

The State of Contracts Scholarship in the United States

Leib, Ethan J. - In: Laws 1 (2012) 1, pp. 64-68

This paper reports on the state of contracts scholarship in the United States, utilizing two methods of approximating where scholarship has focused since 2007 and where it is headed in the future.

Persistent link: https://www.econbiz.de/10010674368

Asbestos and Mass Torts with Fraudulent Victims

Hylton, Keith N. - 2008

Deterrence and compensation goals should be distinguished, and compensation priorities should change in response to the deterrence goal. This has immediate implications for the problem of handling marginal and fraudulent claims in asbestos litigation. Where the deterrence goals come to the...

Persistent link: https://www.econbiz.de/10012772894

Probability, Policy and the Problem of Reference Class

Rhee, Robert J. - 2015

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a...

Persistent link: https://www.econbiz.de/10012750370

Overruling and the Instability of Law

Shleifer, Andrei; Gennaioli, Nicola - National Bureau of Economic Research (NBER) - 2007

We investigate the evolution of common law under overruling, a system of precedent change in which appellate courts replace existing legal rules with new ones. We use a legal realist model, in which judges change the law to reflect their own preferences or attitudes, but changing the law is...

Persistent link: https://www.econbiz.de/10005085092

Assuring Adequate Deterrence in Tort: A Public Good Experiment

Eisenberg, Theodore; Engel, Christoph - Max-Planck-Institut zur Erforschung von … - 2012

To explore damage rules’ deterrent effect, we use a public good experiment to tailor allowable punishment to rules used … does not prevent the deterioration in cooperation over time commonly found in public good experiments without punishment or … with too low punishment. In the class action damages treatment, cooperation is stable over time. In the damages …

Persistent link: https://www.econbiz.de/10010541291

Indemnisation des préjudices et fréquence des procès en présence d'une asymétrie d'informaion sur l'aversion au risque des parties

Langlais, Eric - Volkswirtschaftliche Fakultät, … - 2005

The paper addresses the issue of the impact of asymmetric information on risk aversion of litigant parties in a model à la Bebchuk. First we study the case where the plaintif is the informed party, and characterize the equilibrium with and without a pretrial negociation round. Then, we focuse...

Persistent link: https://www.econbiz.de/10005789358

The Evolution of Precedent

Shleifer, Andrei; Gennaioli, Nicola - National Bureau of Economic Research (NBER) - 2005

We evaluate Richard Posner's famous hypothesis that common law converges to efficient legal rules using a model of precedent setting by appellate judges. Following legal realists, we assume that judicial decisions are subject to personal biases, and that changing precedent is costly to judges....

Persistent link: https://www.econbiz.de/10005720122

Judicial Fact Discretion

Shleifer, Andrei; Gennaioli, Nicola - National Bureau of Economic Research (NBER) - 2006

Does it matter for the outcome of a trial who the judge is? Legal practitioners typically believe that the answer is yes, yet legal scholarship sees trial judges as predictably enforcing established law. Following Frank (1951), we suggest here that trial judges exercise considerable discretion...

Persistent link: https://www.econbiz.de/10005089213

Deterrence of a criminal team: how to rely on its members’ shortcomings?

Langlais, Eric - Centre Européen de Recherche en Économie Financière … - 2009

sensibilities towards the risk of arrestation and punishment, and at the same time have different skills with respect to general …

Persistent link: https://www.econbiz.de/10010779319

1
2
3
4
5
6
7
8
9
10
Next
Last