Settlements are often considered to be welfare-enhancing because they save time and litigation costs. In the presence of court error, however, this conclusion may be wrong. Court decisions create positive externalities for future litigants which will not occur if a dispute is settled out of...

We develop a model of individual prosecutors (and teams of prosecutors) to address the incentives for the suppression of exculpatory evidence. Our model assumes that each individual prosecutor trades off a desire for career advancement (by winning a case) and a disutility for knowingly...

This article studies the strategic use of collective negotiation in multiplaintiff litigation. Compared with one-on-one negotiation, collective negotiation can change the distribution of per-plaintiff damages in a manner that influences the defendant's bargaining incentive. Informational...