We solve for the settlement mechanism and fee-shifting rule that minimize the likelihood of litigation yet maintain optimal deterrence under the assumption that the main dispute between the parties is about the defendant's liability. The solution turns out to be surprisingly simple: let the...

We seek to contribute to an understanding of how judicial elections affect the incentives and decisions of judges. We develop a theoretical model suggesting that judges who are concerned about their reputation would tend to "decide against their prior" as they approach elections. That is, judges...

This paper examines how providing litigants with information about arbitrators' Win/Loss ratios affects arbitrators' incentives in deciding the cases before them in an impartial and unbiased manner. We show that if litigants are informed about arbitrators' past decisions then arbitrators might...