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Stigmatization, liability and public enforcement of law
Buchen, Clemens; Deffains, Bruno; Palermo, Alberto - 2018
In the theory of public enforcement of law the choice of the liability rules is between strict liability and fault …-based liability. In this paper, we study the determinants of compliance when in addition to standard economic incentives wrongdoers … non-guiltiness standard - the fault standard equal to the deterrence level - is never optimal. In this scenario, we show …
Persistent link: https://www.econbiz.de/10011924592
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Rules of proof, courts, and incentives
Demougin, Dominique M.; Fluet, Claude - 2007
We analyze the design of legal principles and procedures for court decision-making in civil litigation. The objective is the provision of appropriate incentives for potential tort-feasors to exert care, when evidence about care is imperfect and may be distorted by the parties. Efficiency is...
Persistent link: https://www.econbiz.de/10010273769
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Preponderance of Evidence
Demougin, Dominique; Fluet, Claude - 2002
This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when …
Persistent link: https://www.econbiz.de/10010315376
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Legal uncertainty: A selective deterrent
Lang, Matthias - 2014
I show that legal uncertainty, i.e., uncertainty about the legality of a specific action, has positive welfare effects. Legal uncertainty works as a screening device provided that the threshold of legality is uncertain. The uncertainty discourages controversial actions, while it encourages...
Persistent link: https://www.econbiz.de/10010478912
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Legal uncertainty : a selective deterrent
Lang, Matthias - 2014 - This version: November 2014, initial version February 2010
I show that legal uncertainty, i.e., uncertainty about the legality of a specific action, has positive welfare effects. Legal uncertainty works as a screening device provided that the threshold of legality is uncertain. The uncertainty discourages controversial actions, while it encourages...
Persistent link: https://www.econbiz.de/10010429969
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The fog of fraud : mitigating fraud by strategic ambiguity
Lang, Matthias; Wambach, Achim - 2010
Most insurance companies publish few data on the occurrence and detection of insurance fraud. This stands in contrast to the previous literature on costly state verification, which has shown that it is optimal to commit to an auditing strategy, as the credible announcement of thoroughly auditing...
Persistent link: https://www.econbiz.de/10003971534
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The fog of fraud: Mitigating fraud by strategic ambiguity
Lang, Matthias; Wambach, Achim - 2010
Most insurance companies publish few data on the occurrence and detection of insurance fraud. This stands in contrast to the previous literature on costly state verification, which has shown that it is optimal to commit to an auditing strategy, as the credible announcement of thoroughly auditing...
Persistent link: https://www.econbiz.de/10010278819
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The fog of fraud: Mitigating fraud by strategic ambiguity
Lang, Matthias; Wambach, Achim - 2011
Most insurance companies publish few data on the occurrence and detection of insurance fraud. This stands in contrast to the previous literature on costly state verification, which has shown that it is optimal to commit to an auditing strategy, as the credible announcement of thoroughly auditing...
Persistent link: https://www.econbiz.de/10010286019
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Comparative Analysis of Litigation Systems: An Auction-Theoretic Approach
Baye, Michael R.; Kovenock, Dan; de Vries, Casper G. - 2000
A simple auction-theoretic framework is used to examine symmetric litigation environments where the legal ownership of a disputed asset is unknown to the court. The court observes only the quality of the case presented by each party, and awards the asset to the party presenting the best case....
Persistent link: https://www.econbiz.de/10010324483
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Tort liability and unawareness
Chakravarty, Surajeet; Kelsey, David; Teitelbaum, Joshua C. - 2018
Persistent link: https://www.econbiz.de/10011898905