In a situation, where it is efficient for one of two parties to pollute but highly inefficient if both parties do so, the harmed third party can freely impose its damage claims on both parties what crucially determines which equilibrium to expect. Whereas 'equality before the law' requires equal...

Can a court system conceivably control opportunistic behavior if judges are selected from the same population as ordinary citizens and thus are no better than the rest of us? This paper provides a new and, as we claim, quite profound rational choice answer to that unsolved riddle. Adopting an...