In nuisance-type cases, legal commentators generally recommend -- and the courts seem to increasingly use -- the award of damages rather than the granting of an injunction of the harmed party. This essay compares the economic consequences of injunctive and damage remedies under a variety of...

We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual---they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent persons may be apprehended...

The goal of this paper is to study how litigation and settlement behavior is affected by subjects motivated by spiteful preferences -- a potentially common driver for litigation behavior. We focus on litigation and settlement behavior both under the American and the English fee-shifting rule. To...

The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...