Humans are imperfect information processors, a fact almost universally bemoaned in legal scholarship. But when it comes to how the legal system itself processes information, cognitive limitations are largely good news. Evidentiary procedure - inclusive of trial, discovery, and investigation -...

Professors Polinsky and Che advocate "decoupling" what plaintiffs recover from what defendants pay in damages, specifically arguing that lowering recovery and raising damages (by appropriate amounts) delivers the same level of primary activity deterrence with fewer filed suits. Professors Kahan...

Current writing on evidence tampering - inclusive of the destruction, fabrication, and suppression of evidence - creates the impression that our system of litigation is in a state of fundamental disrepair. This article suggests that this perception may merely reflect defects in the conventional...

Commentators have expressed concern that hindsight bias may distort legal fact finding. The worry is that the fact finder, seeing that an accident has occurred, will be too quick to conclude that the accident was likely to have occurred, and thus too quick to hold defendants liable. There is...

Contract theory identifies verifiability as a critical determinant of the incompleteness of contracts. Although verifiability refers to the cost of proving relevant facts to a court, very little scholarship connects explicitly the evidentiary process to the drafting of substantive contract...