For psychologists, bounded rationality reflects the presence of cognitive dissonance and/or inconsistency, revealing that people use heuristics (Tversky and Kahneman (1974)) rather than sophisticated processes for the assessment of their beliefs. Recent research analyzing litigations and...

This essay will explore the effect of developments in class action law and practice upon remedial law, and investigate the state of health of the compensation principle. The compensation principle requires that plaintiffs should as nearly as possible be awarded a sum of money that will place...

To date the experience of the incidence of private actions for damages in antitrust cases has differed markedly across jurisdictions. The procedural rules surrounding private litigation may account for some of these differences. This paper explores the effect of rules concerning contribution...

Please enter abstract text Every country has a strong judicial system. In spite of the number of courts increasing the number of litigations are also has been increasing. ADR has come handy to tackle this issue. Not only it lessens the burden of the courts, but also helps litigants by delivering...

Commentary and analysis of the Report of the Working Group on Mass Torts of the Advisory Committee on Civil Rules, issued February 15, 1999. The Report includes three studies from the Federal Judicial Center, as well as potential solutions for consideration. The various appendices to the Report...

In a model of pretrial bargaining under asymmetric information, we analyze the defendant’s threat to proceed to trial in the face of a rejected offer. The incidence of trial is lower when the defendant’s constraint is binding compared with the unconstrained case. The signs of some of the...

In tort litigation, delayed settlement or impasse imposes high costs on the parties and society. Litigation institutions might influence social welfare by affecting the likelihood of out-of-court settlement and the potential injurers' investment in product safety. An appropriate design of...

This paper argues that the Solicitor General's strategic control of the federal government's litigation can increase the federal government's winning percentage, and alter the development of the law in the government's favor. First, this paper shows that the federal government has strategic...

We develop a stylized game theoretic model of litigant behavior to study the effects of increased pleading standards on incentives to engage in illegal activity. Such a model is necessary to build intuition about the potential costs associated with the procedures set forth by the U.S. Supreme...