Showing 1 - 10 of 268
This paper analyzes the effects of two damage rules (Lost Profi…t vs Unjust Enrichment) mainly used by Courts in patent litigations. In our model, the Infringer either is a mere imitator of the Patentee or introduces incremental innovations, and litigation costs are private information such...
Persistent link: https://www.econbiz.de/10010992417
In this paper, we explore the mechanisms employed by the French judges while discharging personal debts in exchange for liquidation of debtors' assets. Our empirical results highlight the determinants of judicial selection between debtors whose debts are wiped out and those who have to reimburse...
Persistent link: https://www.econbiz.de/10010570420
This paper provides an analysis of two damage rules (Lost Profit versus Unjust Enrichment) introduced in the French Code de la Propriété Intellectuelle in 2007 (Loi du 27 Octobre 2007, Art. L. 615-7). We use a simple sequential game where both the decisions to infringe and to enforce the...
Persistent link: https://www.econbiz.de/10011127775
Parties engaged in a litigation generally enter the discovery process with different informations regarding their case and/or an unequal endowment in terms of skill and ability to produce evidence and predict the outcome of a trial. Hence, they have to bear different legal costs to assess the...
Persistent link: https://www.econbiz.de/10011194353
Parties engaged in a litigation generally enter the discovery process with different informations regarding their case and/or an unequal endowment in terms of skill and ability to produce evidence and predict the outcome of a trial. Hence, they have to bear different legal costs to assess the...
Persistent link: https://www.econbiz.de/10005789789
Parties engaged in a litigation generally enter the discovery process with different informations regarding their case and/or an unequal endowment in terms of skill and ability to predict the outcome at trial. This results in different legal costs to assess the plaintiff's win rate. The paper...
Persistent link: https://www.econbiz.de/10008565611
Persistent link: https://www.econbiz.de/10008352656
This paper challenges the commonly held idea that the appeals process lowers the occurrence of legal errors. We show that, even if incorporating the right to bring an appeal in criminal adjudication directly offers the opportunity to correct mistakes made at trial, the …nal impact on the...
Persistent link: https://www.econbiz.de/10010992409
This paper analyzes the determinants of public law enforcement policies when citizens vote for the timing and level of fi…nes. We consider situations where citizens and politicians disagree on the value of the expected social harm associated with some activities. We fi…nd that citizens vote...
Persistent link: https://www.econbiz.de/10011086650
This paper explores the interaction of private precaution and public safety investments when the latter are determined in a political process. We distinguish the scenarios in which the median victim infuences public safety from the one in which the injurer lobbies the public agent, and analyze...
Persistent link: https://www.econbiz.de/10011094135