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This paper considers the choice between an all-or-nothing (AON) rule and a proportionate-damages (PD) rule in civil litigation. Under AON, a prevailing plaintiff receives a judgment equal to his entire damages. Under PD, damages are reduced to reflect uncertainty. For example, if the trier of...
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This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad...
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To understand the issues involved, leading lawyers and economists examine various facets of the child support system from a law and economics perspective. They consider the incentives faced by both custodial and non-custodial parents, and search for policy actions that are more...
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Do central banks control the business cycle? Should price stability be their only monetary policy goal? Do politicians give up a degree of power and gain nothing personally when they grant central banks independence? This Commentary argues that none of these widely held notions is true. The...
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This article objects to a recent tendency of legal and economic scholars to "romanticize" the corporate governance role of German universal banks and Japanese main banks. There are potential conflicts between banks' interests as lenders and as shareholders that are likely to make banks...
Persistent link: https://www.econbiz.de/10005523244
This paper explores the potential of using empirical data to illuminate long-standing issues in legal theory. Sophisticated parties often include dispute-resolution clauses in major contracts. Because these terms are agreed to ex ante, they may represent the parties' mutual best judgment about...
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