In this article, we ask the basic question: Is it necessarily the case that allowing or promoting settlement of lawsuits enhances social welfare? Our answer is not necessarily; there are circumstances where actually prohibiting settlement generates more social welfare than allowing it....

The purpose of this article is to propose a more accurate methodology and valuation as to the consumer welfare effect of reverse exclusionary settlements in the context of patent litigation cases between brand and generic pharmaceutical firms. In contrast to the FTC Findings that reverse...

In recent years there has been a renewed effort to ground conventional law and economics methodology, with its exclusive focus on efficiency and income redistribution through the tax system, in modern welfare economics (Kaplow & Shavell 1994, 2001). This effort raises a challenge to the...