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uninformed defendant may engage in costly discovery. Under the theory, the defendant should invoke the costly discovery procedure …% of all negotiations, which is strongly in the direction implied by theory. However, rather than lowering the defendant … theory, extract the entire surplus from settlement with his offer and because there are excess disputes not predicted by the …
Persistent link: https://www.econbiz.de/10012968586
We provide a simple framework in which the level of adversarial bias is endogenously determined in a litigation process. Using this model, we study the effect of using a court-appointed expert on the level of adversarial bias and the average error rates, and find an interesting trade-off:...
Persistent link: https://www.econbiz.de/10012912049
This article translates and extends Becker (1968) from public law enforcement to private litigation by examining optimal legal system design in a model with private suits, signals of case strength, court error, and two types of primary behavior: harmful acts that may be deterred and benign acts...
Persistent link: https://www.econbiz.de/10011772058
We consider a model of litigation in which some defendants have insufficient assets to pay a judgment at trial. Because the defendant's assets are not observable, this serves as a source of asymmetric information which leads to trials in the equilibrium of the model. Unlike many other types of...
Persistent link: https://www.econbiz.de/10013029371
The last few decades have seen a dramatic shift in the admissibility of expert testimony in American courtrooms from a laissez-faire approach to a strict standard for admissibility, often called the Daubert test. The implicit rationale behind such a stringent standard for admissibility is the...
Persistent link: https://www.econbiz.de/10012995104
Concerned about evidence distortion arising from litigants' strong incentive to misrepresent information to fact-finders, legal scholars and commentators have long suggested that the court appoint its own advisor for a neutral piece of information about the dispute. This paper studies the...
Persistent link: https://www.econbiz.de/10012936172
informational value because the damages awards overstate the intraportfolio harm. Our theory thus provides lawmakers with a …
Persistent link: https://www.econbiz.de/10014185555
The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation. Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps with the assistance of some sort of contingent fee representation....
Persistent link: https://www.econbiz.de/10013007671
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