This paper studies two cases designed by Coase, analyses the effects of legal rules of external damage liability on the costs and resource allocation of the parties at issue, and demonstrates that the Coase Theorem is not tenable even if all its assumptions or conditions hold. The role of...

The thesis of this article is that jury selection is unique among the components of the litigation process, in that zero negotiation or bargaining occurs between the parties over the substantive or procedural events that unfold – despite the absence of any prohibitions on such negotiation....