on the effects of three substantive bodies of law--contracts, torts, and property--and research on the effects of the … litigation process. We begin with a review of studies of aggregate empirical trends and the important issues involving contracts … and torts, both positive and normative. We survey some of the more interesting empirical issues, and we conclude with some …

The purpose of this chapter is to survey the academic literature on the economics of litigation and to synthesize its … main themes. The chapter begins by introducing the basic economic framework for studying litigation and out … also addressed. Are the litigation decisions made by private parties in the interest of society as a whole? Next, the …

This paper is a theoretical analysis of incentive setting via civil litigation, with a focus on incentives for care in … activities that may be harmful to others (torts). It makes two main contributions: one directly policy-relevant, one conceptual …. In most existing research, litigation is modeled in reduced form, as a sort of costly audit, without explicit …

feature of optimal insurance contracts because they relieve litigation-related risks and result in lower premiums — financed … by the litigation income of insurers. This income includes earnings from suits that insureds would not otherwise have …