"shadow of the law" concept articulated by Mnookin and Kornhauser, as well as others. This article attempts to answer two … 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 …

This chapter examines the basic model of the law and economics of litigation. Because the Rules of Civil Procedure and … out the basic mechanics of the law and economics of private civil litigation, and examine how a more robust examination of …

research establishes that the common law of negligence has been evolving toward the imposition of greater personal … substantial level of protection for public authority defendants at common law, challenging the assumptions that underpinned the … corroborates previous work of Australian tort law scholars and contradicts the claims made by policymakers at the start of the 21st …

Cooperation can be induced by an authority with the power to mete out sanctions for free riders, but law enforcement is …