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whether the criticism about the high burden of proof is merited. In that quest, the article lays out the general principle for …
Persistent link: https://www.econbiz.de/10012825501
Scientific, statistical, and economic models are often crucial in legal fact-finding. Competing models yielding different inferences may represent the same phenomenon. This article studies the judgment of models in legal fact-finding, in particular where competing models and inferences must be...
Persistent link: https://www.econbiz.de/10013002546
economic theory? Which theory does empirical analysis of actual sentencing data support? I argue that there is a fundamental … theories. The results of that study are surprising and support neither theory-not only is there no evidence for a trial penalty …
Persistent link: https://www.econbiz.de/10013059545
This chapter examines the basic model of the law and economics of litigation. Because the Rules of Civil Procedure and the Economics of the Litigation/Settlement decision are covered in separate chapters of this volume, this chapter will focus on private civil litigation, in particular the...
Persistent link: https://www.econbiz.de/10013021808
This paper outlines the findings of a model of plea bargaining with multiple defendants, in which a prosecutor makes plea offer sequentially. It is shown that plea discount can be minimized with sequential offers and that not all of defendants shall be induced to plead guilty. By allowing...
Persistent link: https://www.econbiz.de/10012994223
Persistent link: https://www.econbiz.de/10012994608
This article reports and analyses the results of a study of High Court negligence decisions from 2000 to 2010. The research establishes that the common law of negligence has been evolving toward the imposition of greater personal responsibility on plaintiffs in most circumstances, but especially...
Persistent link: https://www.econbiz.de/10013040142
Cooperation can be induced by an authority with the power to mete out sanctions for free riders, but law enforcement is prone to error. This paper experimentally analyzes preferences for and consequences of errors in formal sanctions against free riders in a public goods game. With type I...
Persistent link: https://www.econbiz.de/10013043224
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...
Persistent link: https://www.econbiz.de/10012919770
Persistent link: https://www.econbiz.de/10012513079