The notion that damages should be multiplied by the reciprocal of the probability of punishment is one of the basic lessons of the law and economics literature. However, the simple "1/p</EM>" multiplier turns out be inapplicable in the civil damages setting. The multiplier that brings about...

In this I article derive the relationship between the optimal penalty and the probability of apprehension when victim precaution is taken into account. I show that in the area of intentional offenses, the optimal penalty is less than the level that internalizes the victim's harm plus the state's...

What purpose is served by a government's protection of religious liberty? Many have been suggested, the most prominent of which center on the protection of freedom of belief and expression. However, since every regulation potentially interferes with religious freedom, it is useful to consider...

This paper provides a formal model of the trial selection process that incorporates the Priest-Klein hypothesis and alternative theories of selection. We derive the conditions under which the hypothesis is valid, and examine implications for the relationship between trial outcome uncertainty and...

The necessity doctrine aligns the private incentive and the social incentive for a property possessor to take a defensive action that prevents an invasion of his or her property from occurring. The model described here is also applicable to self-help in contracts.

We present a new model of negligence and causation and examine the influence of the negligence test, in the presence of intervening causation, on the level of care. In this model, the injurer's decision to take care reduces the likelihood of an accident only in the event that some...

This paper extends the economic literature on settlement and draws some practical insights on reverse payment settlements. The key contributions follow from the distinction drawn between standard settlements, in which the status quo is preserved, and injunctive settlements, w and under which...