Hay, Bruce L; Spier, Kathryn E - In: The Journal of Legal Studies 26 (1997) 2, pp. 413-31
Burden of proof rules, which require a specified party to produce evidence on a contested issue, are central to the adversary system. In this article, we model burden of proof rules as a device for minimizing the costs of litigation. The central point to emerge from the model is that, properly...