Inherent in any judicial system is the need to allocate the burden of proof on one party. Within the realm of negligence torts, that burden is traditionally placed on the plaintiff, meaning that the plaintiff must bring forth sufficient evidence to establish negligence by the defendant. In...

In a recent article, Guerra et al. (2022c) considered the problem of liability for accidents caused by the activity of robots, proposing a novel liability regime, which they referred to as ‘manufacturer’s residual liability.’ Under this regime, injurers (robot operators) and victims are...

In this paper, we illustrate how different behavioral problems can be incorporated into the standard economic model of tort law. Through this exercise, we develop a modeling language that can be utilized by law and economic scholars when considering the effect of behavioral biases and cognitive...

In this paper, we develop an economic model of subsidiarity and discuss the ways in which this instrument should best be applied in the context of a changing European Union. The results suggest that the application of the subsidiarity test in the context of a union with growing membership...

Loser-pays-all rules are frequently used by modern legal systems to compensate the party who prevails in a civil case for the legal fees and costs incurred during a civil trial. Loser-pays-all rules are not used in criminal cases. Public prosecution bears the cost of its prosecutorial efforts...

In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze litigation problems. In this paper, we build on the existing literature to show how alternative fee-shifting arrangements (i.e., the American rule and modified English rule) affect parties'...

In the traditional formulation of rent-seeking games, increasing returns to effort are characterized by an exponent r 1. However,when the value of rent is normalized to 1, the players’ effort levels A and B will typically be less than 1. Thus, when A < 1 and r > 1, the value of Ar decreases as r...</1>

In this paper we study price competition, equilibrium market configurations and entry when firms compete in vertically-di¤erentiated markets producing complementary goods. We consider two complements and start from a configuration where the market for one complement is a duopoly, whereas the...