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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...
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This Article looks at the respective roles of judges and juries in common law civil litigation and considers the …
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Theories of norm-dependent utility assume commonly known injunctive norms that rank feasible outcomes by their normative valence, but as yet normative valences have only been measured experimentally. We provide a theoretical foundation that assigns a normative valence to each outcome based on...
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How do regulatory agencies decide how strictly to regulate an industry? They sometimes use cost-benefit analysis or claim to, but more often the standards they invoke are so vague as to be meaningless. This raises the question whether the agencies use an implicit standard or instead regulate in...
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Legal rules do more than provide incentives, they change people. When preferences and norms are endogenously determined via a process of imitation and learning, legal rules, by affecting the market outcome, may affect the dynamics of preference formation. Analyzing the effect of different legal...
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