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Economic theory asserts that, in general, the only cases going to trial should be cases with unpredictable outcomes. When the law applies to the facts to yield consistent and predictable outcomes, litigants have strong incentives to settle cases before trial. I test this theory using a dataset...
Persistent link: https://www.econbiz.de/10014176763
We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that the patent is valid; a presumption that the patent...
Persistent link: https://www.econbiz.de/10012211509
While technology is playing an increasingly important role in courtrooms around the world, Chinese courts are adopting and experimenting with deep technologies at a much faster pace and on a greater scale than their counterparts in most other countries. In recent years, Chinese courts have seen...
Persistent link: https://www.econbiz.de/10012839706
China has achieved remarkable success in building the necessary institutions for a functional legal system. However, it …-dumping investigation are two such contrasting examples. This brief will examine the evolution of shareholders' suits in China as well as … changes have tended to follow, rather then precede, economic changes in China. Strengthened legal protection was a result of …
Persistent link: https://www.econbiz.de/10014218583
Utilizing China's ``Trans-Regional Jurisdiction'' Reform in administrative litigation that started in 2014, the paper …
Persistent link: https://www.econbiz.de/10013310370
The court proceedings need to be viewed as a sequential process, where the sequence of making decisions of particular questions is strictly regulated by the logic of the proceeding moving in the following direction: party's statement – assessment whether the claim is worthy to be considered on...
Persistent link: https://www.econbiz.de/10013290942
We have developed a quantitative indicator to predict if and when a series of protests in China, such as the one that …-related articles published in the People's Daily—the official newspaper of the Communist Party of China. We use a set of machine …
Persistent link: https://www.econbiz.de/10012840487
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011334453
Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages...
Persistent link: https://www.econbiz.de/10011343069
Settlements are often considered to be welfare-enhancing because they save time and litigation costs. In the presence of court error, however, this conclusion may be wrong. Court decisions create positive externalities for future litigants which will not occur if a dispute is settled out of...
Persistent link: https://www.econbiz.de/10008760481