The Supreme Court's trilogy of evidence cases, Daubert, Joiner, and Kumho Tire appear to mark a significant departure in the way scientific and expert evidence is handled in federal court. By focusing on the underlying methods used to generate the experts' conclusions, Daubert has the potential...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

Oliver Williamson has coined the term "fundamental transformation". It captures the following situation: before they strike a deal, buyer and seller are protected by competition. Yet thereafter they find themselves in a bilateral monopoly. With common knowledge of standard preferences, both...

It has long since been established that children raised by single parents are more likely to become sexually active, commit illegal acts, and use illegal drugs at young ages. What has not been determined is whether or not there is a causal effect associated with the disintegration of the family....

Reports about runaway jury awards have become so common that it is widely accepted that the US jury system needs to be fixed. Proposals to limit the right to a jury trial and increase judicial discretion over awards implicitly assume that judges decide cases differently than juries. We show that...

The Coase theorem presents two criteria for evaluating regulation. The first is how successful the regulation is at reaching the efficient outcome relative to private solutions. The second and less discussed criterion is how the regulation affects the distribution of wealth. Previous studies of...

Politicians are not neutral maximizers of the public good, they respond to incentives just like other individuals. We apply the same reasoning to those politicians in robes called judges. We argue that elected judges, particularly partisan elected judges, have an incentive to redistribute wealth...