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This special issue provides several perspectives on the potential and limits of judicial risk regulation as a mechanism …
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This article examines the impact of four types of law-related uncertainty on the utility of risk-neutral agents. We find that greater legal or factual uncertainty makes agents worse off if enforcement is targeted (meaning that greater deviations from what the law demands lead to a greater...
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settlement, a theory flowing from the Coase Theorem. The cost-benefit analysis weighs settlement against the expected value of … economics to construct a pricing theory of legal disputes. In addition to probability and transaction cost, dispute risk must …
Persistent link: https://www.econbiz.de/10014027134
There is extensive literature on whether courts or legislators produce efficient rules, but which of them produces rules efficiently? The law is subject to uncertainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In...
Persistent link: https://www.econbiz.de/10011349216
nearly every facet of the economy, and as such regulation has motivated a substantial body of academic research. Law and … economics research on regulation has, first, demonstrated the normative justification for governmental intervention in the … marketplace based on the concept of market failure. Second, political economy research on regulation has shown how, as a positive …
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