The information created and disseminated through the litigation process can have social value. Suppose a long-lived plaintiff is suing a defendant for damages sustained in an accident. The plaintiff may suffer similar damages in future accidents involving different defendants. Potential injurers...

This paper examines the right of first offer, which requires a seller to bargain with the contracted buyer before subsequent buyers arrive. The contract also prevents the seller from selling his unique asset to subsequent buyers at a price below what he offers to the contracted buyer. The right...

This article examines a firm's incentives to recall its product after learning that the product may harm consumers. It discusses whether courts should protect consumers who do not comply with recalls. Under the "no duty to return" rule, the firm bears the same liability no matter whether it has...

Through utilization review (UR), managed care organizations (MCOs) monitor and alter physician treatment decisions. We show that the value of UR depends on physician incentives. Not surprisingly, when physicians have incentives to significantly overtreat patients, UR can improve social welfare...