Similar Search Results

Incentives for Care, Litigation, and Tort Reform under Self-Serving Bias

Landeo, Claudia M. - 2012

This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self-serving bias, and studies the effects of damage caps. Our main findings are as follows. First, our results suggest that the defendant's bias decreases his expenditures on accident...

Persistent link: https://www.econbiz.de/10013099050

Judge Posner's Opinion in Kikalos

Townsend, John A. - 2012

teach as an adjunct at the University of Houston Law School. I require my students to read more Posner opinions than any …

Persistent link: https://www.econbiz.de/10013103713

Judicial Review against Regulations Which of Level and Degree under the Laws

SH., M.Hum., Dr. H. - 2013

(Regelend) nature, because accordance with law development at such, it had contradicted with the superior regulations and no … longer according to applied living law …

Persistent link: https://www.econbiz.de/10013081217

Why Patentees Litigate

Andrews, Damon C. - 2013

Several aspects of patent litigation call into question patent holders' motivation for enforcing their exclusionary rights. Indeed, the expense alone can be enough to deter a firm from engaging in litigation, especially if it is likely that the parties will be unable to reach a settlement...

Persistent link: https://www.econbiz.de/10013085433

Credit-Monitoring Damages in Cybersecurity Tort Litigation

Johnson, Vincent R. - 2014

This article argues that the costs of credit monitoring should be recoverable in cybersecurity tort litigation. If a data subject's personal information has been seriously exposed to improper access by a data possessor's negligence, expenses incurred to detect the opening of unauthorized...

Persistent link: https://www.econbiz.de/10013065445

The Cost of Judicial Error : Stare Decisis and the Role of Normative Theory

Lash, Kurt T. - 2013

the rule of law can justify maintaining a flawed precedent. This balancing of normative theory and stare decisis occurs in … sketches a more complete theory of stare decisis that takes into consideration both the rule of law considerations of stare … the application of the doctrine is appropriate. This requires the application of normative theory. Depending on the …

Persistent link: https://www.econbiz.de/10013073208

Punitive Element in Exemplary Damages - An Encroachment in Civil Liability Jurisprudence

Dash, Arunima - 2013

Exemplary damages are damages awarded in a court case which go beyond compensation to the victim. Not all nations allow courts to award exemplary damages and those nations which do not, generally will not uphold rulings of this nature. Exemplary damages are explicitly intended as punishment to...

Persistent link: https://www.econbiz.de/10013073209

Judges, Lawyers, and a Predictive Theory of Legal Complexity

Barton, Benjamin H. - 2008

This Article uses public choice theory and the new institutionalism to discuss the incentives, proclivities, and shared … backgrounds of lawyers and judges. In America every law-making judge has a single unifying characteristic, each is a former lawyer …. This shared background has powerful and unexplored effects on the shape and structure of American law. This Article argues …

Persistent link: https://www.econbiz.de/10012724263

Court-Appointed Experts and Accuracy in Adversarial Litigation

Kim, Chulyoung - 2018

Concerned about evidence distortion arising from litigants' strong incentive to misrepresent information to fact-finders, legal scholars and commentators have long suggested that the court appoint its own advisor for a neutral piece of information about the dispute. This paper studies the...

Persistent link: https://www.econbiz.de/10012936172

White-Collar Plea Bargaining and Sentencing after Booker

Bibas, Stephanos - 2009

This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as...

Persistent link: https://www.econbiz.de/10012764862