Showing 1 - 10 of 131
We study claim resolution. A claim consists of a global fact observed by the principal and the agent and a local fact the agent alone observes. The agent resolves the claim; the principal decides whether the agent is more likely wrong or right. The principal and agent can disagree about the...
Persistent link: https://www.econbiz.de/10013216022
Persistent link: https://www.econbiz.de/10008663544
Contract law and the economics of contract have, for the most part, developed independently of each other. In this essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize the economics literature on contract. The title, Contracts...
Persistent link: https://www.econbiz.de/10010278326
Contract law and the economics of contract have, for the most part, developed independently of each other. In this essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize the economics literature on contract. The title, Contracts...
Persistent link: https://www.econbiz.de/10008765228
We present a formal game theoretic model of adjudication by a collegial court. The model incorporates dispute resolution as well as judicial policy making and indicates the relationship between the two. It explicitly addresses joins, concurrences and dissents, and assumes "judicial" rather than...
Persistent link: https://www.econbiz.de/10014165221
The practice of horizontal stare decisis requires that judges occasionally decide cases "incorrectly''. What sustains this practice? Given a heterogeneous bench, we show that the increasing differences in dispositions property of preferences generates gains when judges trade dispositions over...
Persistent link: https://www.econbiz.de/10014120810
Evidence production at trial, the accumulation of patents in a technological race, and lobbying are contests that often involve strategic choices over a discrete set of options. The literature has primarily focused on games with continuous effort choices. We fill this gap by studying a...
Persistent link: https://www.econbiz.de/10014104227
We discuss a central question in the study of courts: What do judges want? We suggest three different domains that might serve as the basic preferences of a judge: case dispositions and rules, caseloads and case mixes, and social consequences. We emphasize preferences over dispositions on the...
Persistent link: https://www.econbiz.de/10012955088
We review the basic building blocks of the case-space approach to modeling courts, particularly cases, dispositions, and rules. We provide numerous examples of case spaces. We clarify the policy-making actions of courts, distinguishing statutory interpretation, review of agency rule-making on...
Persistent link: https://www.econbiz.de/10012955091
Contract law and the economics of contract have, for the most part, developed independently of each other. In this essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize the economics literature on contract. The title, Contracts...
Persistent link: https://www.econbiz.de/10013135191