Over the past several decades the sports agent has emerged as an increasingly important figure in the negotiation of contracts for professional athletes. Although agents may have varying backgrounds, attorneys now comprise more than 50% of all agents representing professional athletes. This...

In this study, we develop and estimate a model of sophisticated bargaining between hospitals and insurers, based on a model of intrafirm bargaining set out by Stole and Zwiebel (1996). When an insurer decides whether to include a hospital in its network, it must take into account the fact that...

In the Spring of 2006, I was privileged to host and moderate symposium presentations by an extraordinarily talented group of scholars who gathered at Michigan State University College of Law to analyze and discuss the role and relevancy of the legal concept of bargaining power in twenty-first...

Recognizing the increasingly dominant role of plea bargaining in the American criminal justice system, legal scholars have devoted considerable attention in recent years to problems of accuracy and proportionality in cases resolved by guilty plea. However, an overriding focus on the outcomes of...

This paper uses data from a natural experiment to compare two institutions: a simple English auction and bilateral bargaining. It appears that bilateral bargaining may be more profitable for the seller. Results also suggest no correlation between bargaining skills and an ability to make profit...

Courts rely on the "national policy favoring arbitration" to restrict the review of arbitration agreements under state laws of unconscionability. Consequently, banks, phone companies, and other consumer businesses implement mandatory arbitration clauses that provide complete immunization from...

This paper studies the conditions under which the basic results of the revealed preference theory can be established on the domain of choice problems which include non-convex feasible sets; the exercise is closely related to the works of Peters and Wakker (1991) and Bossert (1994). We show that...

Most studies on the topic of negotiation examine negotiation processes, strategies and results without considering the initiation of negotiation. But isn't it important for a deeper understanding of the negotiation process to know what makes people initiate a negotiation (or not) in the first...